HomeMy WebLinkAbout20070989 Ver 1_Approval Letter_20070627O~O~ W AT ~9pG
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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
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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