20110445 Ver 1_Approval Letter_20110613

NCD NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 13, 2011
Lee County
DWQ EXP#: 11-0445
McBlock Properties, LLC
Attn: Mr. Norman Block
312 Mount Eden Place
Cary, NC 27519
Subject Property: Reserve at Carthage Colonies
Persimmon Creek [030611, 17-40-2, C]
Approval of 401Water Quality Certification with Additional Conditions
Dear Mr. Block,
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 164 linear feet of perennial stream (including 144 linear feet of permanent
impact and 20 linear feet of temporary impact), 115 linear feet of intermittent stream and 0.273 acres of
wetland (including 0.216 acres of permanent impact and 0.057 acres of temporary impact) for the purpose
of constructing the extension of the existing residential subdivision and for additional impacts to the
original Carthage Colonies subdivision, as described within your Pre-construction Notification
Application dated June 6, 201 land received by DWQ on June 6, 2011 with supplementary information
received on June 13, 2011. The impacts are covered by: General Water Quality Certification Numbers
3820 (GC3820) and 3821 (GC3821) and which allow you to use Nationwide Permit 14 (NW 14) and 29
(NW29) respectively, when issued by the US Army Corps of Engineers (USACE). 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, 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 Permit.
This approval is for the purpose and design that you described in your PCN application (dated June 6,
2011) with revisions received on June 13, 2011. If you change your project, you must notify us and you
may be required to send us a new application. If the property (or a lot on 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
Water Quality Certifications (GC3821) and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification are met. No other impacts are approved including incidental
impacts:
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 512 N. Salisbury St., Raleigh, North Carolina 27604 (9th Floor)
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/swp/ws/webscape
NolthCarolina
NWA=4
An Equal Opportunity 1 Affirmative Action Employer
McBlock Properties, LLC
Page 2 of 6
June 13, 2011
Impact Type Amount Approved (Units) Plan Location or Reference
Perennial Stream 144 (if) - permanent June 6, 2011 PCN page 6 of 13
Perennial Stream 20 (If) - temporary June 6, 2011 PCN page 6 of 13
Intermittent Stream 115 (If) - permanent June 6, 2011 PCN page 6 of 13
404 Wetlands 0.216 (acres) - permanent June 6, 2011 PCN page 6 of 13
404 Wetlands 0.057 (acres) - temporary June 6, 2011 PCN page 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 and authorized by this
approval letter. 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.
No Sediment and Erosion Control Measures in Wetlands and Waters
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.
4. 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. 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. 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.
5. 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.
6. Stormwater Management Plan (SMP)
McBlock Properties, LLC
Page 3 of 6
June 13, 2011
The final, written stormwater management plans received by the NC Division of Water Quality
on June 6, 2011 with revisions received on June 13, 2011 must be implemented prior to any
impacts occurring. The approved stormwater best management practice (BMP) devices consist of
three (3) wet detention ponds and five (5) bioretention areas. The structural stormwater practices
as approved by this Office as well as the drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization from
the Division of Water Quality.
Stormwater easements shall be recorded for a distance of at least 10 feet on each side of all
stormwater conveyances, and on all lots containing these structures including future access for
maintenance. The stormwater easements shall allow for the ability to maintain the structures,
perform corrective actions as described above and shall provide protection of the structures from
potential alternations by future property owners.
The schedule of maintenance activities listed in the Operation & Maintenance (O&M)
Agreements signed by Mr. Jayson Williams (Project Manager - Beazer Homes Corporation) on
May 6, 2011 for the BMP devices must be followed for their effective operation. The O&M
Agreements must transfer with the sale of the land or transfer of responsibility for the stormwater
facilities. DWQ must be notified promptly of every transfer.
Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the NCDENR Wetlands Trust Fund administered
by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into the
fund. You have 60 days from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the NCDENR Wetlands
Trust Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
Stream 259 (linear feet) Cape Fear/03030003
Wetlands 0 (acres)
Waters 0 (acres)
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 to ensure compliance with GC 3821.
9. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.org/doh/operations/BMP manual/downloadBMP Manual pdjo
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
McBlock Properties, LLC
Page 4 of 6
June 13, 2011
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Directions: The following five are optional paragraphs to use at your iudeement.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ,
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
10. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing,
at the letterhead address within ten (10) days of the commencement of construction.
11. Certificate of Completion
Within thirty (30) days of the 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. Please send photographs upstream and downstream of each culvert site to
document correct installation along with the Certificate of Completion form.
McBlock Properties, LLC
Page 5 of 6
June 13, 2011
The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d) of the
Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division
determines that such standards or laws are not being met, including failure to sustain a designated or
achieved use, or that State or Federal law is being violated, or that further conditions are necessary to
assure compliance, then the Division may reevaluate and modify this General Water Quality Certification.
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 401 Water Quality Certification-you must file a
petition for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings (OAH). You must file the petition with the office of Administrative Hearings
within thirty (30) 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 OAH 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: [phone], Facsimile: (919)-733-3478
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
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please contact Karen Higgins at [phone].
Sincerely,
C" --?
lp--,-/Coleen H. Sullins
CHS/kah/lmg
Enclosures: Certificate of Completion
GC 3820
GC 3821
McBlock Properties, LLC
Page 6 of 6
June 13, 2011
cc: File Copy
DLQ Raleigh Regional Office
Ronnie Smith, USACE Raleigh Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
Jennifer Burdette, Burdette Land Consulting, Inc., 10212 Creedmoor Rd, Raleigh, NC 27615
File: 11-0445ReserveAtCarthageColoniesSD(Lee)401(NW 14_29).doc