The URL can be used to link to this page

Home My WebLink About20070235 Ver 2_Approval Letter_20110601~~~ ~~~ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 1, 2011 Mr. Kent Wiles Broyhill Wiles Building and Development, Inc. 370 i Jones Ferry Road Chapel Hill, NC 27516 DWQ Project # 07-0235, Ver. 2 Orange County Subject Property: Damascus Church Road Price Creek [030606, 16-41-2-4, WSIII, HQW, NSW, CA] Approval of 401 Water Quality Certification and Authorization Certificate per the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules (15A NCAC 2B .0267) with Additional Conditions Dear Mr. Wiles: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.12 acres of 404/wetland, 60 linear feet of perennial stream, and 3,842 square feet of Zone 1 Jordan Lake protected riparian buffers, and 2,564 square feet of Zone 2 Jordan Lake protected riparian buffers, to construct the proposed residential development, as described within your application dated April 18, 2011, and received by the N.C. Division of Water Quality (DWQ) on April 26, 2011. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3820 (GC3820). The Certification(s) allows you to use Nationwide Permit(s) NW14, when issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0267. 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) Erosion and Sediment Control, Non-discharge, and other 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 properly 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: Conditions of Certification: 1. Impacts Approved lNetlands, Buffers, Stormwarer, Compliance and PermitF,ng Unit (WeBSCaPe) 1650 Mail Service Center, P,aleigh, North Carolina 27699-1650 Phone: 919-807-63011 FAX: 919-807-6494 Internet: I .tpa/portal.ncdenr orglweb.'~:~q/ws An Equal Opportunity 1 Affirmative Act~~on Employer Mr. Kent Wiles Page 2 of 4 June 1, 2011 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 (Units) Plan Location or Reference 404/Wetland 0.12 (acres) PCN a e 5 of 13 Stream - erennial 60 (linear feet) PCN a e 5 of 13 Buffers Zone 1 3,842 (s uare ft.) PCN a e 6 of 13 Buffers Zone 2 2;564 (s uare ft.) PCN a e 6 of 13 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 downstream 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. 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 to ensure compliance with 15 NCAC 2H, Section .0500; Mr. Kent Wiles Page 3 of 4 June 1, 2011 6. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http: //h2o. enr. state. nc. us/su/Forms Documents. htm. ; 7. 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 .0267 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen(and phosphorus if in the Tar-Pamlico River Basin). This may require additional approval from this Office. Certificate of Completion: 8. 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 Wetlands, Buffers, Stormwater, Compliance, and Permitting Unit (WeBSCaPe), North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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. 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 Certiftcation 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 sixty (60) days of receipt of this notice. A petition 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:OOam and S:OOpm, 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 Mr. Kent Wiles Page 4 of 4 June I, 201 I 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 fmal and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules as described within I SA NCAC 2B .0267. If you have any questions, please telephone Karen Higgins or Ian McMillan in the Central Office in Raleigh at 919-807-6301 or Lauren Cobb in the DWQ Raleigh Regional Office at 919- 791-4200. Sincerely, ~ ~~ Coleen H. Sullins CHS/ijm Enclosures: GC3820 Certificate of Completion cc: Lauren Witherspoon, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy DLR Raleigh Regional Office Julie Peele, Agri-Waste Technology, Inc., 5400 Etta Burke Court, Raleigh, NC 27606 Filename: 070235 Ver2DamascusChurchRoad(Orange)40 t_JBR