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Home My WebLink About20051955 Ver 2_Approval Letter_20120314AL ® C®ER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld PE Dee Freeman Governor Director Secretary March 14 2012 DWQ Project # 05 1955 v 2 Revised Wake County Harvey Montague BMV LLC 1210 Trinity Road Suite 102 Raleigh NC 27607 Subject Property Forrest Springs Subdivision UT to Little Branch [030607 18 7 6 1 Cl Approval of 401 Water Quality Certification and Authorization Certificate with Additional Conditions Dear Mr Montague You have our approval in accordance with the attached conditions and those listed below to fill or otherwise impact 0 1528 acre of wetland (permanent impacts) 0 01 16 acre of wetland (temporary impacts) 175 linear feet of perennial stream channel (permanent impacts) 22 linear feet of perennial stream channel (temporary impacts) 54 linear feet of intermittent stream channel (permanent impacts) and 1 1 linear feet of intermittent stream channel (temporary impacts) by installing roads and utilities for a residential subdivision as described in your application dated August 31 2011 and received by the Division of Water Quality (DWQ) on August 31 2011 After reviewing your application and additional information we have decided that the impacts are covered by General Water Quality Certification Number(s) 3821 (GC3821) This Certification replaces the approval dated October 10, 2011 The Certification(s) allows you to use Nationwide Permit(s) 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 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 O NonehCarolma JVIIAIrrillY North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 4200 Customer Service Internet www ncwaterquality org 1628 Mail Service Center Raleigh NC 27699 1628 FAX (919) 788 7159 877 623 6748 An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper Page 2 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 (or Isolated Wetland Permit) are met No other impacts are approved including incidental impacts Type of Impact Amount Approved Units Plan Location or Reference Wetland 0 1528 (acres) permanent impacts PCN Page 5 of 13 Wetland 0 0116 (acres) temporary impacts PCN Pave 5 of 13 Stream perennial 175 (linear feet) pennatient impacts PCN Page 5 of 13 Stream perennial 22 (linear feet) temporary impacts PCN Page 5/6 of 13 Stream intermittent 54 (linear feet) permanent impacts PCN Page 6 of 13 Stream intermittent 1 1 (linear feet) temporary impacts 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 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 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 have made a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement The EEP Page 3 Receipt letter (dated April 13 2006) included in your application indicates that compensatory mitigation for 348 linear feet of stream channel has been paid The 262 linear feet of stream channel listed below are the impacts requiring mitigation for the current project It has been noted in vour application that these impacts will be covered under the 348 linear feet purchased 6 Stormwater Management Plan (SMP) Before the impacts specified in this Certification may occur the applicant must meet all of the provisions set forth to the document Protocol for Stormwater Management Plan (SMP) Approval and Implementation, available at http Hportal ncdenr org /c /document library /get file9uutd= Oc509d61 6dd6 4da8 9342 7079fe478688 &groupld =38364 The required SMP documentation must be submitted to DWQ Wetlands Buffers Stormwater Compliance and Permitting (WeBSCaPe) Unit 1650 Mail Service Center Raleigh North Carolina 27699 1650) SMP approval and implementation procedures shall be as follows • The SMP must be approved in writing by either the WeBSCaPe Unit or if the project is subject to another state stormwater program or may be reviewed by a certified local government a copy of the approval letter and approved SMP must be submitted before any impacts authorized in this certification occur If a development is phased then the SMP for each future phase must approved by the WeBSCaPe Unit or if the project is subject to another state stormwater program or a certified local government a copy of the approval letter and approved SMP must be submitted before any impacts associated with that phase may occur • The approved SMP must be constructed and operational per the Town of Holly Springs requirements Please provide DWQ a schedule for conversion of all construction stormwater devices to post construction stormwater BMPs • 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 program 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 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 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 Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) 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 Com en atory Mitigation Required I River and Sub basin Number Stream 1262 feet Cape Fear 03 06 07 6 Stormwater Management Plan (SMP) Before the impacts specified in this Certification may occur the applicant must meet all of the provisions set forth to the document Protocol for Stormwater Management Plan (SMP) Approval and Implementation, available at http Hportal ncdenr org /c /document library /get file9uutd= Oc509d61 6dd6 4da8 9342 7079fe478688 &groupld =38364 The required SMP documentation must be submitted to DWQ Wetlands Buffers Stormwater Compliance and Permitting (WeBSCaPe) Unit 1650 Mail Service Center Raleigh North Carolina 27699 1650) SMP approval and implementation procedures shall be as follows • The SMP must be approved in writing by either the WeBSCaPe Unit or if the project is subject to another state stormwater program or may be reviewed by a certified local government a copy of the approval letter and approved SMP must be submitted before any impacts authorized in this certification occur If a development is phased then the SMP for each future phase must approved by the WeBSCaPe Unit or if the project is subject to another state stormwater program or a certified local government a copy of the approval letter and approved SMP must be submitted before any impacts associated with that phase may occur • The approved SMP must be constructed and operational per the Town of Holly Springs requirements Please provide DWQ a schedule for conversion of all construction stormwater devices to post construction stormwater BMPs • 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 program 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 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 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 Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) 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 Page 4 1 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 mast 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 00am and 5 00pm except for official state holidays the original and one (1) copy of the petition must be tiled with the Office of Administrative Hearings The petition may be fared 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 ater Act If you have any questions please telephone Lauren Witherspoon at 919 791 4251 oincer ly Danny Sm►t Surface Water Protection Section Supervisor Raleigh Regional Office Enclosures GC 3821 Certificate of Completion cc USACE Raleigh Regulatory Field Office DWQ Central Office — WeBSCaPe — 1650 Mail Service Center RRO File Copy Nikki Thompson — S &EC 11010 Raven Ridge Road Raleigh NC 27614 Heather Keefer — Town of Holly Springs PO Box 8 Holly Springs NC 27540 Filename 0) 19» v 2_f urmt Spnnes Subdivision_401_Approval Revised