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HomeMy WebLinkAbout20070989 Ver 1_Approval Letter_20070627O~O~ W AT ~9pG ~ i~~ Q `~ "C' 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 27, 2007 DWQ Project # 07-0989 Durham County NC Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Subject Property: Little Lick Creek At Crossings Golf Club Restoration Project Little Lick Creek [030401, 27-9-(0.5), WSIV, NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Sir or Madam: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.82 acres of 404/wetland and 3,9771inear feet of perennial stream, and 0.00 square feet of Zone 1 Neuse River basin protected riparian buffer, and 0.00 square feet of Zone 2 Neuse River basin protected riparian buffer, as described in your application dated June 4, 2007, and received by the Division of Water Quality (DWQ) on June 4, 2007, to construct the proposed stream restoration, wetland restoration, wetland preservation and buffer restoration at the site. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3626 (GC3626). The Certification(s) allows you to use Nationwide Permit(s) NW27 when issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. 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 or LAMA 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 1501inear 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. The Additional Conditions of the Certification are: 1. Impacts Approved 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, 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 ~~~~ ~. An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NC Ecosystem Enhancement Program Page 2 of 3 June 27, 2007 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 404/Wetland 0.82 acres PCN a e 8 of 13 Stream - erennial 3,977 linear feet PCN a e 8 of 13 Buffer -Zone 1 0.00 (s uare ft.) PCN page 12 of 13 Buffer -Zone 2 0.00 (s uare ft.) PCN a e 12 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 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. 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 NC Ecosystem Enhancement Program Page 3 of 3 June 27, 2007 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; 6. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 7. Stream Restoration, Wetland Restoration, Wetland Preservation and Buffer Restoration Plans You have our approval for your proposed final stream restoration, wetland restoration, wetland preservation and buffer restoration at the site with the requirement for Monitoring Level I as described within the joint State/Federal agency Stream MftiQation Guidelines located at: http•//www saw usace.army.mil/wetlands/miti~ation/stream mitigation.html The stream restoration, wetland restoration, wetland preservation and buffer restoration at the site must be constructed, maintained, and monitored according to the plans approved by this Office. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. The restored stream, wetland and buffers, as well as the preserved wetland, must be preserved in perpetuity by use of a conservation easement or other similar mechanism as part of the approved plans. 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 401 Oversight/Express Review Permitting Unit, 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. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. NC Ecosystem Enhancement Program Page 4 of 3 June 27, 2007 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. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733- 1786. CHS/gym Enclosures: GC3626 Certificate of Completion Coleen H. Sul ins, Director Division of Water Quality cc: USACE Raleigh Regulatory Field Office Lauren Cobb, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Filename: 070989LittleLickCreekAtCross ingsGolfClubRestorationProject(Durham~01 _NBR