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HomeMy WebLinkAbout20090924 Ver 1_401 Application_20100810RCDENK North Carolina Department of Environment and Division of Parks and Recreation Beverly Eaves Perdue, Governor Dee Freeman, Secretary Ms. Cyndi Karoly North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, NC. 27699-1650 August 4, 2010 RE: Modified Water Quality Certification [DWQ Project # 09-09241 Pocosin Natural Area Development Pettigrew State Park (Washington County) Dear Ms. Karoly: Natural Resources Lewis Ledford, Director AI Enclosed are five copies of a completed application submittal package requesting a modified Water Quality Certification (WQC) for proposed improvements within the Pocosin Natural Area of Pettigrew State Park in Washington County, NC. The Division of Parks and Recreation (DPR) initially received a WQC from your office and a General Permit Verification (GPV) from the US Army Corps of Engineers (USACE) for this project. However, our proposed site plan was modified to meet coastal stormwater requirements and we were required to re-submit our application for a WQC by your Washington Regional Office (WRO). This modified application package consists of the following documentation: completed PCN form, vicinity map, site plan, and DWQ correspondence. Please also find the enclosed journal transfer documentation indicating that payment of the $240 application fee has been transferred from DPR to the DWQ. Proposed improvements associated with this project include: the installation of a vault toilet, well, well house, water hydrant, and drinking fountain, in addition to the expansion of an existing gravel parking lot and extension of underground electrical lines to the vault toilet and well house. The vault will be installed approximately 6 feet under the toilet structure and reinforced with pylons to prevent settling. The `Maintenance Yard' referenced in the attached correspondence from your WRO dated March 3, 2010 is associated with a separate proposed project along the northeastern portion of Lake Phelps near the Park Office in which a State Stormwater permit application was submitted concurrently with this project. DPR is also submitting one copy of a revised project narrative and site plan to the USACE per previous correspondence with Josh Pelletier (USACE, Washington Field Office). Please contact me if you require any additional information. Sincerely, Amin K. Davis Environmental Review Coordinator Division of Parks and Recreation, Natural Resources Program North Carolina Department of Environment and Natural Resources (919) 715-7584 / amin.davis@ncdenr.gov 1615 Mail Service Center, Raleigh, North Carolina 27699-1615 Phone: 919-733-4181 1 FAX: 91 9-71 5-3085 1 Internet: www.ncparks.gov An Equal Opportunity/ Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper IF oc of wArE'q O Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PCN Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? N Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes N No For the record only for Corps Permit: ? Yes N No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ? No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Pocosin Natural Area Development 2b. County: Washington 2c. Nearest municipality / town: Creswell 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: State of North Carolina 3b. Deed Book and Page No. 119/239 3c. Responsible Party (for LLC if applicable): NC DENR, Division of Parks & Recreation 3d. Street address: 1615 Mail Service Center 3e. City, state, zip: Raleigh, NC. 27699 3f. Telephone no.: (919) 715-7584 3g. Fax no.: (919) 715-3085 3h. Email address: amin.davis@ncdenr.gov Page 1 of 11 PCN Form -Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: RP=@P=OWP= 5 AUG 9 2010 dENR - WATER QUALITY VVETIANOS AND STORMWATER BRANCH Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 7762.00-18-6640 1 b. Site coordinates (in decimal degrees): Latitude: 35.7320 Longitude: - 76.4430 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 504 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Lake Phelps proposed project: 2b. Water Quality Classification of nearest receiving water: B, Sw, ORW 2c. River basin: Pasquotank 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is situated in the northeastern portion of the intersection of Shore Drive/Evans Road and is less than 1,000 feet south from the shoreline of Lake Phelps. Existing conditions on the site are mostly undeveloped shrubland, portions of which were recently burned, a small existing parking lot with a walkwayleading to a shoreline overlook area, and an existing well head. General land use in the vicinity of the project is recreational, wooded, and in agricultural production. 3b. List the total estimated acreage of all existing wetlands on the property: 504 acres (entire tract is mapped as wetlands per NWI wetland mapping). 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 15,290' per USGS GIS mapping. 3d. Explain the purpose of the proposed project: Improve public recreation experience. 3e. Describe the overall project in detail, including the type of equipment to be used: Installation of a vault toilet, well, well house, water hydrant, and drinking fountain. Project also involves the expansion of an existing gravel parking lot and extension of underground electrical lines to vault toilet and well house. Vault will be installed -6' under toilet structure and reinforced with pylons to prevent settling. Standard construction equipment such as a trackhoe will be used. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ? No ®Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ®Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: NC DPR Name (if known): Jean Lynch (assisted by Tom Steffens) Other: USACE 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 6/23/09 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ? Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ? P ®T Fill Scrub-Schrub ? Yes ® No ® Corps ? DWQ 0.02 W2 ® P ? T Fill Scrub-Schrub ? Yes ® No ® Corps ? DWQ 0.01 W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 0.03 2h. Comments: Wetland impacts minimized by re-design of site plan. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? P ? T ? PER ? Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 0 3i. Comments: Stream impacts not anticipated. Page 5 of 11 PCN Form -Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 0 4g. Comments: N/A 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: N/A 5h. Is a dam high hazard permit required? ? Yes ®No If yes, permit ID no: 5i. Expected pond surface area (acres): N/A 5j. Size of pond watershed (acres): N/A 5k. Method of construction: N/A 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ® Other: N/A Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ?P?T ?Yes ? No B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Significant portions of initially-proposed disturbed area was realigned to minimize wetland impacts and stormwater runoff. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Disturbed areas will be seeded to provide vegetative soil stabilization as soon as project construction has been completed. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). N/A 6h. Comments: Page 8of11 PCN Form -Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <1 % 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Well below required threshold. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: This project was included in the State Stormwater permit for another project proposed project (Maintenance Area) along the northeastern portion of Lake Phelps near the Park Office. ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? N/A ? Phase II ? NSW 3b. Which of the following locally-implemented stormwater management programs ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ® Coastal counties ? HQW 4a. Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ® Yes ? No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No Page 9of11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 213 .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. Small scope of this project without future phasing not anticipated to result in additional development and adverse cumulative impacts. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Disposition of vault toilet waste will occur through pumping and hauling per current state and local wastewater requirements. Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ? No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act El Yes ® No impacts? ? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? GIS file provided by the NC Natural Heritage Program (NHP) and personal communication with Harry LeGrand of the NHP on 7/24/09. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Personal communication with Ron Sechler with the National Marine Fisheries Service on 7/27/09. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ®No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Consultations with John Mintz with the State Historic Preservation Office on 7/24/09. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? GIS data provided by http://www.ncfloodmaps.com/ Amin Davis 8/4/10 Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant Date is rovided. Page 11 of 11 PCN Form - Version 1.3 December 10, 2008 Version L O U U) ,V C t Z MV L ?Q 3 CL c A U 'D F 8-\ ?c 3U `u\ ?U cc o? mU ? Qo h? 0 OJ L v , `-% 0 QA o d ? ?o r? d Ao 0 anuda)o4S a ?m = ?Y 0 mo ? PK? P NE?"P S Q v ?I U U _ W N .2 a z, 0=? li W ` 00. O V vy r va v v mo a) O ? I O +Z CO J (` W J J? lQ' r° 5 N d N N N E N N N ? E E E M M 00 N N d v au C_ ~ ? E o o L U ? m a f Q > > 4- a) N O 0 0) = rl i N Q1 O > j C.0 o O U y U L E ° a C) C O O O t to t i i0 N 'o N N ° 0-- o 3: 3: W ® ®© O N ? Q) C U C N N 72 - m L a N fN a) Q U 2 C _ N l _ CL f CL a_ d Ci ? bA _ d C L U .C p_ C ' c. N to Q J C ? E N O ? U C N N 77 Of -O O T Q U ?^ U 5` U O O CO m m O O J Q 00 m co u ti C7 Area POCOSIN NATURAL AREA ,to xia fall LEGEND I- ?f Q Park Boundary 0 0.15 0.3 0.6 N Miles 0 1,550 3,100 6,200 Feet Scale: 1" = 2,000' Sources: USGS (New Lake NW Topographic Quad) Prepared 1)iil L \K0 Pocosin Natural Area Improvements - - Vicinity Ma North Carolina Division of `J Map Pettigrew State Park 1W Parks and Recreation Washington County, North Carolina Figure 1 a ?, 1 9 ewe;.;;[ z? 'e v a' ?? o0 _jz n o O V Y ? y z ? - z -? - j ? G b? x £ $ 3s a dl ?. ??a ,5 ? ? Y „g s ? ? ? ?? I. f? t3 € ?L _ f O - C? Z S I __ I 4 d , v=dd P 3 r J I _ lJ i } r x?8?o aN ® ? - ??eYG F'`- a d? ° ?I IIII I? ?I 34 - - - u ?? v z sV a?F n a . j 2 y a Io ,. g a _ a , ?? 5 s w Q 0 A O w? i I I I i I I ' I I I r 1 1 I ' I i I; 9 x? r x I I I I I I of I I i % I I I I I I io I I f i ? w "t I ? 1 I t t I F I 1 - I I' I I I - I I I I % f L, x s r I i Ilx n ` I - I I I A\, I _ - I I r r i I x r r i, 11 I / 1I 1 I I II l l11 I I/ ? I it 1 I 1 I I II / I / ;? I ? I f x 1 7 I I I I I 1 1 I I I 1 I I I t IIII 1111 / I I & I _ i \ 1 1 1 1 I I I I I I i. I / I aL h I, I I I I 1 ' 1 11`1 I i 0 2 I NI N 1 1 I II / I y?: 1 r O ?< I I I , I tt ? m Z . I 1 / ? I I I I I I I i ? ?dtih sti.? ,ens rvogoB ?t 021 SNd?3 _ Parks & Recreation RD? MAR 0 5111110 North Carolina Department of Environment and Natural Resources De$Ignatlr,, Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 3, 2010 Mr. Glenn Sheppard, Project Manager NCDENR Division of Parks & Recreation Mail Service Center 1615 Raleigh, NC 27604 Subject: Stormwater Review SW7091213 Pettigrew State Park - Maintenance Yard Washington County Dear Mr. Sheppard: This office received a Coastal Stormwater Permit Application for the subject project on January 25, 2010. A preliminary review of your project indicates that before a State Stormwater permit can be issued the following additional information is needed: 1. Due to the big State Park area this project can be considered as an Overall Low Density Project with an Area of High Density. As proposed, the Maintenance Yard is separated from the rest of the State Park area by the road, and not being able to use the rest of the State Park area as treatment for stormwater runoff. In addition to being separated from the rest of the project, roughly 50% impervious area coverage puts this part of the project in High Density category. Some kind of BMP will be necessary to treat the stormwater from this part of the Project. Please consider the use of existing pond on this site with slight modifications as a possible solution to this requirement. 2. The Pocosin Site parking area can be treated as a Low Density area with minor modifications. The new Stormwater Rules state that no (new) impervious area can be placed closer than 50' to surface waters of the State. Your proposal includes five parking stalls (south of existing dirt parking) that are placed roughly 10' from the Keep Canal. The existing parking can be grandfathered, but no additional impervious area can be placed closer than 50' to Canal. Please revise. 3. Provide Low Density Supplement for overall project (no per lot calculations are required) including signed Operation and Maintenance Agreement for swales. 4. Provide also the Supplement and the Operation and Maintenance Agreement for chosen BMP on Maintenance Yard site. 5. Revise the Plans to include these changes and add all necessary details for Maintenance Yard BMP and all necessary calculations. 6. Provide two copies of revised documents and plan sheets. The above requested information must be received in this office Aprll 5, 2010 or your application will be returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application fee. If you need additional time to submit the required information, please mail or fax your request for time extension to me at the Letterhead North Carolina Division of Water Quality Intemel: www_ncwmerquati old 943 Washurgton Square Mall Phone: 252-946-6481 One Washington, NC 27889 FAX 252-946-9215 NorthCarolina An Equal OpportunltylAffirrnatnre Action Emp"r- 50% Recycled110% Post Consumer Paper Naturally Page 2 of 2 address and include the application number on the request. The request must include justification for the amount of additional time needed. The request will only be granted for justifiable delays that are unforeseen and beyond the owner or consultant's control. You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction without a permit is a violation of 15A NCAC 21-1.1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to $25,000 per day. Please reference the Stormwater Project Number above on all correspondence. If you have questions, please feel free to contact me at (252) 948-3959. Sincerely, Samir Dumpor, PE Environmental Engineer Washington Regional Office cc: Washington Regional Office Glenn Zeblo, PE, Alpha & Omega Group, PC (4911 Green Road, Suite 107, Raleigh, NC 27616) AK'" ITCDMIR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director . Secretary Ms. Erin Lawrence June 9, 2010 JUN 7 7 2010 NCDENR Division of Parks & Recreation Mail Service Center 1615 Raleigh, NC 27699-1615 Subject: Permit No. SW7091213 Pettigrew State Park - Maintenance Yard / Pocosin Site Low Density Stormwater Project Washington County Dear Ms. Lawrence: The Washington Regional Office received a complete Stormwater Management Permit Application for Pettigrew State Park - Maintenance Yard / Pocosin Site on January 25, 2010 and additional information on June 8, 2010. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-211 and Title 15A NCAC 21-1.1000. We are forwarding Permit No. SW7091213 dated June 9, 2010, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611- 7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Samir Dumpor or me at (252) 946-6481. Sincerely, AI dg Regional Supervisor Surface Water Protection Section AH/sd: QSISTORMWATERIPERMITISW7091213 cc: V./Glen Zeblo, PE (Alpha & Omega Group, PC (4911 Green Road, Suite 107, Raleigh, NC 27616) Washington Inspections Washington Regional Office Central Files North Carolina Division of Water Quality Internet: www.ncnlerquality.org One 943 Washington Square Mall Phone 252.946-6481 1 FAX: 252-946-9215 NofthCaro na Washington, NC 27889 FAX: 252-946-9215 JVatlira lr? An r-W llnnndunih, 1 AI(irmnlnw Arfinn Gmnln-r State Stormwater Management Systems Permit Number SW7091213 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143 General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY.GRANTED TO NCDENR Division of Parks & Recreation Pettigrew State Park - Maintenance Yard/ Pocosin Site Washington County FOR THE construction, operation and maintenance of a low density development in compliance with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter referred to as the "stonmwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: 1. DESIGN STANDARDS 1. This permit covers the construction of 22,436 square feet of built-upon area on Maintenance Yard site and 6,087 (4,569 of existing impervious area and 1,518 of proposed impervious area) square feet of built-upon area on Pocosin Site for a total of 28,523 square feet of built-upon area. 2. The overall tract built-upon area percentage for the project must be maintained at 24%, as required by Session Law 2008-211 and Section 2H .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit and shall be kept on file by the permittee at all times. 4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 5. No piping is allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road or to provide access. 6. The built-upon areas associated with this project shall be located at least 50 feet landward of all perennial and intermittent streams or other surface waters. 7. Roof drains must terminate at least 50 foot from the Mean High Water line. Page 2 of 5 Mate wormwater management aystems II. SCHEDULE OF COMPLIANCE Permit Number SW7091213 The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. 2. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 3. This project may not be sold or subdivided in whole or in part without first receiving a permit modification from the Division. 4. Prior to the subdivision and/or sale of this project, in whole or in part, the following deed restrictions must be recorded with the Office of the Register of Deeds: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7091213, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. This project is permitted for a maximum of 28,523 square feet of built- upon area. Construction of additional built-upon area in excess of this amount will require a permit modification. g. This project may not be sold or subdivided, in whole or in part, without first receiving a permit modification from the Division. h. Construction of additional impervious areas such that low-density requirements are no longer met will require a permit modification prior to construction. An engineered system will be required to collect and treat the runoff from all built-upon area associated with the project, including that area permitted under the low density option. i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with this development, except for average driveway crossings, is strictly prohibited by any persons. j. The built-upon areas shall be located a minimum of 50 feet landward of all perennial and intermittent surface waters. 5. A copy of the recorded restrictions must be received in this Office within 30 days of the date of sale. 6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the permitted development, except for average driveway crossings, is strictly prohibited by any persons. 7. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any Page 3 of 5 State Stormwater Management Systems Permit Number SW7091213 modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision, acquisition, or sale of the project area in whole or in part. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 9 Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface. 10 During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 11 The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b Sediment removal. C. Mowing, and re-vegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 12. Within 30 days of completion of the project, the permittee shall certify in writing that the project has been constructed in accordance with the approved plans. 13. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and re-issuance of the permit to change the name and incorporate such other requirements as may be necessary. In the event of a name or ownership change, a completed Name/Ownership Change form, signed by both parties, must be submitted to the Division of Water Quality accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits, and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until the Director approves a transfer of ownership. Neither the sale of the project nor the transfer of common areas to a third party, such as a homeowner's association, constitutes an approved transfer of the stormwater permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. Page 4 of 5 vtalc OLUM 00=1 wIai iay011101 R JyMC111u Permit Number SW7091213 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Session Law 2008- 211 and Title 15A NCAC 21-1.1000 of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by the Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants permission to DENR Staff to enter the property during normal business hours, for the purpose of inspecting all components of the stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance, or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state and federal), which have jurisdiction. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. Permit issued this the 9th day of June, 2010. NO TH ROLINA ENVIRONMENTAL MANAGEMENT COMMISSION -----------' -- __ --------- ------ --- fot Colleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. SW7091213 Page 5 of 5 DIVISION OF PARKS AND RECREATION July 28, 2010 MEMORANDUM TO: Tammy Dodd FROM: Amin Davis ` t' THROUGH: Brian Strong CC: Brian Strong Doug LeQuire h` SUBJECT: PETT - Second Request for Funds Transfer for DWQ Water Quality Certification Pettigrew State Park (PETT) is in need of a DWQ Water Quality Certification (WQC) for improvements to the Pocosin Natural Area at the intersection of Shore Drive and Evans Road and less than 1,000 feet south from the shoreline of Lake Phelps in Washington County, NC. DPR is required to submit a revised permit application because the project design was modified to meet DWQ coastal stormwater requirements. This project will involve the installation of a vault toilet, well, well house, water hydrant, and drinking fountain, in addition to the expansion of an existing gravel parking lot and extension of underground electrical lines to the vault toilet and well house. The vault will be installed approximately 6 feet under the toilet structure and reinforced with pylons to prevent settling. For DWQ stormwater permitting purposes, the Maintenance Building project was submitted concurrently. Please prepare a fund transfer form in the amount of $240 payable to the NC Division of Water Quality to cover the administrative fee for the processing of this WQC request. The WQC is required as part of a Nationwide Permit modification that will be submitted to the US Army Corps of Engineers for this project. u V ? O I 6p 0 o O uJ v v ~ •- C- C N E- w d ? 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