HomeMy WebLinkAbout20020577 Ver 1_Approval Letter_20070619O~O~ W A T FRQG
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Stephen R. Thorp
7849 Clark Station Road
Severn, MD 21144
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 19, 2007
DWQ Project # 02-0577v2
County: Franklin
Subject Property: Dove Landing Lot 9 in Youngsville, NC
UT to Little River [030406, 27-57-(1), WSII, HQW, NSW]
AUTHORIZATION of Tar-Pamlico River Buffer Rule (15A NCAC 02B .0259) Authorization
Certificate
Dear Mr. Thorp:
You have our authorization, in accordance with 15A NCAC 02B .0259 and any conditions listed below,
to impact approximately 5,154 ftZ of Zone 1 and 2,842 ft2 of Zone 2 of the protected riparian buffers for
the purpose of constructing the proposed pond at the subject property as described within your application
dated February 25, 2007, received by the Division of Water Quality (DWQ) on February 27, 2007, with
additional information received by DWQ on April 18, 2007 and May 30, 2007. 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 regulations.
This authorization 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 authorization letter and is thereby responsible for
complying with all conditions. This authorization requires you to follow the 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 (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount A roved (Units) Plan Location or Reference
Zone 1 Buffers 5,154 (square ft.) Page 12 of PCN dated April 17,
2007
Zone 2 Buffers 2,842 (square ft.) Page 12 of PCN dated April 17,
2007
401 Oversight/Express Review Permitting Unit
1650 Mail Service Cen[er, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893 /Internet: httn://h2o.enr.state.nc.us/ncwetlands
None Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Stephen R. Thorp
Page 2 of 2
June 19, 2007
2. Erosion & Sediment Control Practices
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Diffuse Flow(No Further Review Needed)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B .0259(5)
In an effort to comply with the diffuse flow provision of the Buffer Rule (1 SA NCAC 02B
.0259(5)), you have provided the DWQ with level spreader designs dated May 29, 2007 which
were received by DWQ on May 30, 2007. The DWQ believes that if implemented, as per these
plans, diffuse flow will be achieved. However, if diffuse flow as per 15A NCAC 02B .0259(5)
has not been achieved, then the DWQ shall be notified and corrective actions to restore diffuse
flow shall be taken if necessary to impede the formation of erosion gullies. At no time shall
stotmwater from the proposed development be piped directly through the buffer without prior
written authorization by DWQ.
Stephen R. Thorp
Page 2 of 2
June 19, 2007
6. Mitigation .(None required)
Mitigation is not a requirement due to the fact that a Zone 1 and Zone 2 will be re-established
adjacent to the newly constructed pond, as required per 15A NCAC 028.0259(6) of the Neuse
River Basin Buffer Rules.
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 15A
NCAC 2B .0259.
8. Certificate of Completion
Upon completion of all work approved within this authorization, 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.
9. 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 of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at: http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 1508. This Authorization Certificate shall
expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0259. If you have any questions or would like a copy of the buffer rules, please call (919) 733-1786.
This letter does not authorize any impacts to either Waters of the United States or Waters of the State.
Please contact the US Army Corps of Engineers (USAGE) or NC Division of Water Quality (DWQ) if
any impacts are proposed to either of these waters.
Sigcerely
~Coleen H. Sullins, Director
Division of Water Quality
CHS/ijm/asc
Enclosures: Certificate of Completion
cc: Mike Horan, DWQ Raleigh Regional Office
Soil Horizons; Attn: Mr. John R. Davis Jr; PO Box 1063; Youngsville, NC 27596
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 020577v2DoveLandingLot9(Frankl in)TPB R