20060973 Ver 4_Approval Letter_20100623

A A
K EE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 23, 2010
DWQ Project # 06-0973, Ver. 4
Nash County
Maevco Development, LLC
3051 Sunset Avenue
Rocky Mount, NC 27804
Subject Property: Birchwood
Ut to Sapony Creek [030302, 28-55-(5.5), WSIV, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico River
Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions AFTER-THE-FACT
Dear Sir or Madam:
You have our After-the-Fact approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.243 acres of 404/wetland, and 0.00 square feet of Zone 1 Tar-Pamlico
River basin protected riparian buffer, and 0.00 square feet of Zone 2 Tar-Pamlico River basin protected
riparian buffer, as described in your application dated August 20, 2009, and received by the Division of Water
Quality (DWQ) on August 25, 2009, with additional information received from you on November 12, 2009, to
construct the proposed residential development at the site. On January 27, 2010, DWQ returned your
application to you. However, based on the letter from Joyner Keeny on March 19, 2010 and a site visit by
DWQ staff, we have decided to reinstate your application.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3821 (GC3821). The Certification(s) allows you to use Nationwide Permit(s) NW 18
and NW29 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your
approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. In
addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you go ahead with your project including (but not limited to) Frosion and Sediment Control; and Non-
discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby responsible for complying
with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear
feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This
approval requires you to follow the conditions listed in the attached certification and any additional
conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/webtwq/ws
An Equal Opportunity 1 Affirmative Action Employer
Maevco Development, LLC
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June 23, 2010
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.243 acres PCN page 5 of 11
Buffers Zone 1 0.00 (square ft. PCN page 8 of 11
Buffers Zone 2 0.00 (square ft. PCN page 8 of 11
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual. The devices shall be
maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
5. Required Submittal of Onsite Ditches As-Built Plans
As-built plans for all of the onsite drainage ditches (including ditch dimensions) must be submitted to
the DWQ within 30 days of the issuance of this Certification. These as-built plans will serve as a
baseline for future maintenance of the ditches.
6. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate before
discharging into a stream as identified within 15A NCAC 2B .0259 (5). If this is not possible, it may
Maevco Development, LLC
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June 23, 2010
be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require
additional approval from this Office.
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time lots or properties are recorded. A sample
deed notification can be downloaded from the 401/Wetlands Unit web site at
http://portal.ncdenr.org/c/document librW/get file?uuid=ef84d0el-5fc9-4183-87b5-
2f9d7eb152e0&groupId=38364 The text of the sample deed notification may be modified as
appropriate to suit to this project.
8. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities;
9. Stormwater Management Plan (SNP)
There is no SW required for this phase, however, if a development is phased, then the SMP for each
future phase must approved by the 401 Oversight/Express Unit or, if the project is subject to another
state stormwater program, a copy of the approval letter and approved SMP must be submitted before
any site grading associated with that phase may occur. Future phases must comply with the
stormwater management design requirements in place at the time they are submitted for approval.
The approved SMP must be constructed and operational before any permanent building or other
structure is occupied at the site. If a development is phased, then the approved SW for each future
phase must be constructed and operational before any permanent building or other structure associated
with that phase is occupied.
The approved SMP as well as drainage patterns must be maintained in perpetuity.
The SMP may not be modified without prior written authorization from the SMP approval authority.
If the SMP falls under another state stormwater prograt.,, then a copy of the approval letter and the
modified SMP must be submitted to the 401 Oversight/Express Unit prior to the commencement of
the modifications.
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of
the 404 or CAMA Permit.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the
petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition
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June 23, 2010
is considered filed when it is received in the Office of Administrative Hearings during normal office hours.
The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am
and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with
the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) - 431-3000, Facsimile: (919)- 431-3100
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act
and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any
questions, please telephone Ian McMillan or Amy Chapman at 919-733-1786.
CHS/gym
Enclosures: GC3821
Certificate of Completion
Sincerely,
9c-,
oleen H. Sullins
6k?
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Brent Niemann, Joyner Keeny, PLLC, P.O. Box 7533, Rocky Mount, NC 27804
Glenn Dunn, Poyner Spruill LLP, P.O. Box 1801, Raleigh, NC 27602-1801
Brenda Menard, NC Attorney General's Office
Filename: 060973 Ver4B irchwood(Nash)101_TPBR