HomeMy WebLinkAbout20051955 Ver 3_Approval Letter_20120509A�
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid PE Dee Freeman
Governor Director Secretary
May 9 2012
DWQ Project # 05 1955 v 3
Wake County
Harvey Montague
BMV LLC
1210 Trinity Road Suite 102
Raleigh NC 27607
Subject Property Forest Spnngs Subdivision
UT to Little Branch [030607 18 7 6 1 C]
Approval of 401 Water Quality Certification and Authonzation 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 0 148 acre of wetland (permanent impacts) 0 0183 acre of wetland (temporary impacts) 98 linear feet of
perennial stream channel (permanent impacts) 38 linear feet of perennial stream channel (temporary impacts) 54
linear feet of intermittent stream channel (permanent impacts) and 41 linear feet of intermittent stream channel
(temporary impacts) by installing roads and utilities for a residential subdivision as described in your application
dated April 5 2012 and received by the Division of Water Quality (DWQ) on April 5 2012 After reviewing
your application and additional information we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3890 (GC3890) This Certification replaces the approval dated March 14,
2012 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 protect 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 to 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
ne
Ntu,nally
hCarolma
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
0 148 (acres) pernianent impacts
PCN Page 5 of 13
Wetland
0 0183 (acres) temporary impacts
PCN Page 5 of 13
Stream perennial
98 linear feet permanent impacts
PCN Page 6 of 13
Stream perennial
38 linear feet temporary impacts
PCN Page 6 of 13
Stream intermittent
54 ( lm ear feet) permanent impacts
PCN Page 6 of 13
Stream intermittent
41 (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
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
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 Receipt letter (dated April
13 2006) included in your application indicates that compensatory mitigation for 348 linear feet of
Page 3
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 your 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 in the document Protocol for Stormwater Management Plan (SMP) Approval and
Implementation, available at http / /portal ncdenr oro/c /document library /get file'?uuid= 0c509d61
6dd6 4da8 9342 7079fe478688 &groupId =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
8 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 impacts to
waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the
404 or CAMA Permit
Compensatory Mitigation Required
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 in the document Protocol for Stormwater Management Plan (SMP) Approval and
Implementation, available at http / /portal ncdenr oro/c /document library /get file'?uuid= 0c509d61
6dd6 4da8 9342 7079fe478688 &groupId =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
8 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 impacts to
waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the
404 or CAMA Permit
Page 4
If you wish to contest any statement in the attached Certification 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 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) 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 Water Act If
you have any questions please telephone Lauren Witherspoon at 919 791 4251
S►nc rely
Danny Sm h
Surface ater Protection Section Supervisor
Raleigh Regional Office
Enclosures GC 3890
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 05 1955 v 3—Forrest Springs Subdivision_40I_Approval