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HomeMy WebLinkAbout20061292 Ver 2_Approval Letter_20110616AT - 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 16, 2011 Brolanco Corporation Attn: Mr. Dohn Broadwell, Sr. 903 Hay Street Fayetteville, NC 28305 Subject Property: Fairfield Farms Subdivision (Sections 4, 5, & 6) UT to Greens Creek [030615, 18-24-3-3, WS-IV, B] Approval of 401Water Quality Certification with Additional Conditions Dear Mr. Broadwell, Cumberland County DWQ EXP#: 06-1292v2 You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0 linear feet of stream and 0.488 acres of wetland (including 0.439 acres of permanent impact and 0.049 acres of temporary impact) for the purpose of constructing sections 4, 5, & 6 of the residential subdivision as described within your Pre-construction Notification Application dated June 3, 201 land received by DWQ on June 3, 2011 with supplementary information received on June 16, 2011. The impacts are covered by: General Water Quality Certification Number 3821 (GC3821) which allows you to use Nationwide Permit 29 (NW29), 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 3, 2011) with revisions received on June 16, 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 One 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NofthCarohna Location: 512 N. Salisbury St., Raleigh, North Carolina 27604 (9t^ Floor) Phone: 919-807-63011 FAX: 919-807-6494 Nattinallff Internet: http://podal.ncdonr.org/web/wq/swp/ws/webscape An Equal Opportunity 1 Affirmative Action Employer Brolanco Corporation Page 2 of 4 June 16, 2011 Impact Type Amount Approved (Units) Plan Location or Reference Stream 0 (If) - permanent June 3, 2011 PCN page 5 of 13 404 Wetlands 0.439 (acres) - permanent June 3, 2011 PCN page 5 of 13 404 Wetlands 0.049 (acres) - temporary June 3, 2011 PCN page 5 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. 3. 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. Construction Stormwater Permit NCGO 10000 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.uslsulForms-Documents.htm. 6. Stormwater Management Plan (SMP): A final, written stormwater management plan must be approved by the DWQ or certified local government (City of Fayetteville) prior to any impacts occurring. If the SMP is approved by the City of Fayetteville, you are required to submit the following to DWQ: Brolanco Corporation Page 3 of 4 June 16, 2011 a) A copy of the grading and construction plans with BMP details stamped as approved by the City of Fayetteville or a copy of the plans with an approval letter from the City; b) A copy of the approved design calculations; c) A copy of the notarized Operation and Maintenance (O & M) Agreement for each stormwater BMP; The structural stormwater practices as approved by this Office or the City of Fayetteville 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) Agreement for each BMP must be followed for effective operation of the BMP device. The O&M Agreement must transfer with the sale of the land or transfer of responsibility for the stormwater facilities. DWQ must be notified promptly of every transfer. 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 DWQ's web site at: http:Hportal.ncdenr.org/web/wq/swp/ws/401/certsandpennits/apply/forms. 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 to ensure compliance with GC 3821. 9. 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. 10. 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. 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 Brolanco Corporation Page 4 of 4 June 16, 2011 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: (919)-733-2698, 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 (919) 807-6301. CHS/kah./lmg Enclosures: Certificate of Completion GC 3821 Sincerely, +,-/Coleen H. Sullins cc: File Copy DLQ Fayetteville Regional Office Crystal Amschler, USACE Wilmington Field Office Chad Turlington, DWQ Fayetteville Regional Office Bob Zarzecki, S&EC, PA, 11010 Raven Ridge Rd, Raleigh, NC 27617 File: 06-1292v2FairfieldFarmsSDSec4_5_6(Cumberland)401(NW29).doe