HomeMy WebLinkAboutSW7080407_HISTORICAL FILE_20080421NORTH CAROLINA J
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STORMWATER DIVISION CODING SHEET
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POST -CONSTRUCTION PERMITS
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PERMIT NO.
DOC TYPE
TYPE
❑ CURRENT PERMIT
APPROVED Ppw��
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
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Empire Group, LLC
Attn.: Mike Winstead, Jr.
500 Spring Garden Street
Greensboro, NC 27401
Dear Mr. Winstead:
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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
, 2008
OWnet �� c��nC\ �I� I-G- Zo I�
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Subject: Stormwater Permit No. SW7080407
Waterford Landing
High Density Project
Craven County
The Washington Regional Office received a complete Stormwater Management Permit
Application for Waterford Landing on April 10, 2008. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7080407
dated April 21, 2008, for the construction of the subject project.
This permit shall be effective from the date of issuance until April 21, 2018, and shall be
subject to the conditions and limitations as specified therein. Please pay special attention to
the Operation and Maintenance requirements In this permit. Failure to establish an adequate
system for operation and maintenance of the stormwater management system will result in
future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such
demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact Samir Dumpor, or me at (252) 946-6481.
X
ereI ,
AI Hodge
Regional Supervisor
Surface Water Protection Section
AH/sd: J:\WPDATA\WQS\ State SW-SD\Permits —Wet Pond \SW7080407
cc: Joseph Avolis, PE, Avolis Engineering, P.A.
Craven County Building Inspections
,,Nashington Regional Office
Central Files
North Carolina Division of Water Quality Internet: %eww nc%vateroualitv.ore One
943 Washington Square Mall Phone (252) 946-6481 NorthCarolina
Washington, NC 27889 Fax (252) 946-9215 .A717turvIl /
An Equal OpporiunitylARirmative Action Employer — 50% RMcled110% Post Consumer Paper
State Stormwater Management Systems
Permit No. SW7080407
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Empire Group, LLC
Waterford landing
Craven County
FOR THE
construction, operation and maintenance of 2 wet ponds in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules') and
the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until April 21, 2018, and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
This stormwater system has been approved for the management of stormwater
runoff as described on page 3 of this permit, the Project Data Sheet. The
stormwater control has been designed to handle the runoff from 460,643 square
feet of impervious area (total for both ponds).
3. The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
6. The following design criteria have been provided in 2 wet ponds and must be
maintained at design condition:
Page 2 of 7
State Stormwater Management Systems
Permit No. SW7080407
POND #1
POND #2
a.
Drainage Area, acres:
15.06
3.81
b.
Total Impervious Surfaces, ftZ:
371,382
89,261
C.
Pond Depth, feet:
5.0
7.50
d.
TSS removal efficiency:
90%
90%
e.
Permanent Pool Elevation, FMSL:
22.00
20.00
f.
Required Permanent Pool Surface Area, ftZ:
32,135
6,600
g.
Provided Permanent Pool Surface Area, ftZ:
35,106
8,089
h.
Permanent Pool Volume, ft3:
115,485
28,741
i.
Temporary Storage Elevation, FMSL:
22.76
20.74
j.
Required Storage Volume, ft3:
30,559
7,385
k.
Provided Storage Volume, ft3:
30,559
7.385
I.
Controlling Orifice:
2.5"0 pipe
1.75" 0 pipe
M.
Receiving Stream/River Basin: UT to Neuse
River / Neuse River Basin
n.
Stream Index Number:
27-(85)
o.
Classification of Water Body:
"C; Sw, NSW'
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in
its entirety and maintenance must occur at the scheduled intervals including, but
not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon
Page 3 of 7
State Stormwater Management Systems
Permit No. SW7080407
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
5. The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other
supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
7. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
8. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
9. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
10. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
11. A copy of the approved plans and specifications shall be maintained on file by
the Permittee at all times.
12. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
Page 4 of 7
State Stormwater Management Systems
Permit No. SW7080407
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation
from the parties involved, and other supporting materials as may be appropriate.
The approval of this request will be considered on its merits and may or may not
be approved. The permittee is responsible for compliance with all permit
conditions until such time as the Division approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days.
10. This permit shall be effective from the date of issuance until April 21, 2018.
Application for permit renewal shall be submitted 180 days prior to the expiration
date of this permit and must be accompanied by the processing fee.
Permit issued this the 21 st day of April, 2008.
CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Stormwater Permit No. SW7080407
Page 5 of 7
f � '
State Stormwater Management Systems
Permit No. SW7080407
Waterford Landing
Stormwater Permit No. SW7080407
Craven County
Designer's Certification
I, , as a duly registered in the
State of North Carolina, having been authorized to observe (periodically/ weekly/ full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
Page 6 of 7
State Stormwater Management Systems
Permit No. SW7080407
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
15. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Washington Regional Office
Craven County Building Inspections
Page 7 of 7
acaJXMt CVn -o 8
Agk
FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this
form and an acceptable erosion and sedimentation control plan have been completed and approved by the
Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if
the question is not applicable or the e-mail and/or fax information unavailable, place N/A in the blank.)
RECEIVED
Part A.
1. Project Name Waterford Landing APR 1 1 2008
2. Location of land -disturbing activity: County Craven City or Township New Bern WA1^ car`` �j
lLJVV y-UPf'1R0
Highway/Street NC Highway 43 Latitude N 350 8.886' Longitude W 770 6.282'
3. Approximate date land -disturbing activity will commence: April 15 2008
4. Purpose of development (residential, commercial, industrial, institutional, etc.): Apartments
5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 25.0
6. Amount of fee enclosed: $ 1,625.00 . The application fee of $65.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $585).
7. Has an erosion and sediment control plan been filed? Yes X No Enclosed X
8. Person to contact should erosion and sediment control issues arise during land -disturbing activity:
Name Joseph C. Avolis, P.E. E-mail Address avoliseng(o�Ipmonine.net
Telephone 252-633-0068 Cell# 252-671-9334 Fax # 252-633-6507
9. Landowner(s) of Record (attach accompanied page to list additional owners):
Empire Group, LLC
Name
500 Spring Garden Street
Current Mailing Address
_336-389-9992 336-389-0620
Telephone Fax Number
Same
Current Street Address
Greensboro INC 27401
City State Zip City State Zip
10. Deed Book No. 2516 Page No. 564 Provide a copy of the most current deed.
Part B.
Person(s) or firm(s) who are financially responsible for the land -disturbing activity (Provide a
comprehensive list of all responsible parties on an attached sheet):
Empire Group, LLC mike me abuildersllc.com
Name E-mail Address `_ E
500 Spring Garden Street Same
Current Mailing Address Current Street Address u
APR 1 1 2008
Greensboro, INC 27401
City State Zip City State LAND 9UALITY2WTION
WASHINGTON REGIONAL OFFICE
Telephone 336-389-9992 Fax Number 336-389-0620
2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
Name
Current Mailing Address
iil!(''' City;, State Zip
Telephone
E-mail Address
Current Street Address
Fax
State Zip
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
Name of Registered Agent
Current Mailing Address
City State Zip
E-mail Address
Current Street Address
Fax Num
State Zip
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an individual
or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there be any change in the information provided herein.
Member/Manager
Title Auth rity
2 11 C)
Dat
I,yQAxCGCkS X� 7:Ozr)5, Te . , a Notary Public of the County of 772�,eo
State of North Carolina, hereby certify that k111t6r,CtYQ , -.re. appeared
personally before me this day and being duly' sworn acknowledged that the above form was
executed by him.
Witness my hand and notarial seal this day of AZ&yq&V 20 G8
g,�,: F ORpF ✓
o-JpRY
<c2 .e iu Rlotary
Seal C. d �G :Z
PUBS My commission expiresi
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�North Carolina Department of Environment and Natural Resources
NCDENR Request for Express Permit Review
For DENR Use ONLY
Reviewer.cm, _✓
Submit:
Time'.
Confirm: 1-&+
FILL-IN all the information below and CHECK the Permits) you are requesting for express review. FAX or Email the completed form to Express
Coordinator along with a completed DETAILED narrative site plan Pi file) and vicinity map (same items expected in the application package
of the project location. Please include this form in the application package.
• Asheville Region -Alison Davidson 828-296-4698;alison.davidson(d),,ncmail.net
• Fayetteville or Raleigh Region -David Lee 919-791-4203; david.lee(a)ncmail.net �����
• Mooresville & -Patrick Grogan 704-663.3772 or patrick.grogan pnncmail.net
• Washington Region -Lyn Hardison 252-946.9215 or /yn.hardison(a)ncmail.net
• Wilmington Region -Janet Russell 910-350-2004 or janet.russell(olncmail.net APR 10 2008
NOTE: Project application received after 12 noon will be stamped in the following work day. HD DENR
Project Name: WATERFORD LANDING County: CRAVEN
Applicant: _ Company: EMPIRE GROUP, LLC
Address: 500 SPRING GRADEN STREET City: GREENSBORO, State: NC Zip: 27401
Phone:336-389-9992 Fax 336- Email: mikena megabuilders.com
Project Drains into NEUSE waters - Water classification SC; SW, NSW (for classification see-
http://h2o.enr.state.nc.us/bims/reports/reportsWB.htm1)
Project Located in NEUSE River Basin. Is project draining to class ORW waters? N , within''/] mile and draining to class SA waters N, or
within 1 mile and draining to class HOW waters? N
Engineer/Consultant: _ Company: AVOLIS ENGINEERING, P.A
Address: P.O. BOX 15564 City: NEW BERN, State: NC Zip: 28561
Phone25 _-L3a=QD0ax::252-633-6507 Email: avoliseng(Jpmonline.net
(Check all that
❑ Scoping Meeting ONLY ❑ DWQ, ❑ DCM, ❑ DLR, ❑ OTHER:
❑ Stream Origin Determination: # of stream calls - Please attach TOPO map marking the areas in questions
® State Stormwater ❑ General ❑ SFR, ❑Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility
❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW _ (Provide permit #)]
® High Density -Detention Pond 2 # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems
❑ High Density -Bio-Retention _ # Treatment Systems ❑ High Density-Stormwater Wetlands _ # Treatment Systems
❑ High Density -Other _ # Treatment Systems ❑ MODIFICATION ❑ REVISIONS SW_ (Provide permit #)
❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
❑ Land Quality ❑ Erosion and Sedimentation Control Plan with _ acres to be disturbed.(CK # (for DENR use))
WETLANDS QUESTIONS MUST BE ADDRESSED BELOW
® Wetlands (401): Check all that apply
Wetlands on Site ® Yes ❑ No
Wetlands Delineation has been completed: ® Yes ❑ No
US ACOE Approval of Delineation completed: ® Yes ❑ No
404 Application in Process w/ US ACOE: ❑ Yes ® No
Permit Received from US ACOE ❑ Yes ❑ No
Isolated wetland on Property ® Yes ❑ No
Buffer Impacts: ® No ❑ YES: acre(s)
Minor Variance: ® No ❑ YES
Major General Variance ® No ❑ YES
401 Application required: ®Yes ❑ No If YES, ❑ Regular
Perennial, Blue line stream, etc on site ❑ yes ® No
For DENR use only
FeeSplit for multiple permits: (Check# 2-115'b ) Total Fee Amount S 4Gcr:
SUBMITTAL DATES
Fee
SUBMITTAL DATES
Fee
CAMA
$
1 Variance -([I] Mai; ❑ Min)
I$
SIN ❑ HD, ❑ LD, ❑ Gen
$ (A CC C
401:
$
LQS
$
Stream Deter,_
$
Nr.n FNp FYpp FCS .Ian„a ni ?nnp
AVOLIS ENGINEERING, P.A.
—L� P.O. Box 15564 • New Bern, North Carolina 28561 • (252) 633-0068
Soil Boring Report
Waterford Landing Apartments
NC Highway 43
New Bern, NC
Craven County
April 4, 2008
RE (XIMED.
APR 10 2008
MYQ-tNAR0
A single soil boring was made at each of the two proposed wet detention pond locations
for the Waterford Landing Apartments. The soil borings were completed on January 25,
2008 with a hand auger. The seasonal high groundwater elevations were later reassessed
on April 4, 2008 following recent rains.
The Craven County Soil Survey maps the soil at each of the two pond locations as the
Craven type. Craven is described as a moderately well drained soil formed in fine
textured sediment on uplands. The typical Craven soil description is a silty loam in the
upper 9 inches, a silty clay loam at a depth of 9 to 12 inches, a silty clay at a depth of 12
to 36 inches, a clay at a depth of 36 to 54 inches, a fine sandy loam at a depth of 54 to 70
inches and a loamy sand from a depth of 70 to 80 inches. At the depths to be disturbed
by this project, the Craven soil is listed as having a permeability ranging from 0.06 to 0.2
inches/hour.
The on site soil borings indicated the following soil characteristics:
Wet Detention Pond #1
Depth
Elevation
1'
26.5'
2'
25.5'
3'
24.5'
4'
23.5'
5'
22.5'
6'
21.5'
6.5
21.0'
7.0'
20.5'
8.0'
19.5'
18.5'-14.5'
Description
Medium brown clay, no mottles
Grey clay with few orange mottles
Slightly sandy clay with orange mottles
Grey slightly sandy clay with few orange mottles
Orange & grey silty clay
Orange & grey sandy clay
Damp orange & grey sandy clay
Slightly wet grey & light orange clay
Grey & light orange clay, wet
Dark grey & wet clay
Waterford Landing Apartments
Soil Boring Data, Page 2
The depth to the seasonal high water table is approximately 5.5'. This depth corresponds
to an elevation of 22.0 feet.
The site is suitable for the construction of a wet detention pond. Measures may be
needed to maintain the permanent pool level in the pond during excessively dry
conditions. The clay soil conditions will help maintain the permanent pool level at an
acceptable elevation.
Wet Detention Pond #2
Depth
Elevation
1'
22.0'
2'
21.0'
3'
20.0'
4'
19.0'
5'-9'
18.0'-14.0'
Description
Light brown loam
Grey sandy clay with bright mottles
Grey silty clay with large orange mottles
Stiff grey clay with mottles
Orange & white sandy clay
The depth to the groundwater at the boring location was six feet on the date of the boring
due to the recent drought conditions. The depth to the seasonal high water table is three
feet. This depth corresponds to an elevation of 20.0 feet.
The site is suitable for the construction of a wet detention pond. Measures may be
needed to maintain the permanent pool level in the pond during excessively dry
conditions. The clay soil conditions will help maintain the permanent pool level at an
acceptable elevation.
M
This map is compiled on 1974 aerial photography by the U. 5.
Department of Agriculture, Soil Conservation Service and
cooperating agencies. Coordinate grid ticks and land division
corners, if shown, are approximately positioned.
00 � �V A)
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5 oo_aq 0000
AVOLIS ENGINEERING, P.A.
Ac__��EE P.O. Box 15564 • New Bern, North Carolina 28561 • (252)
Stormwater Management Narrative
Waterford Landing Apartments
NC Highway 43 RECEIVED
New Bern, NC
Craven County
APR 10 2000
DViQ-WARO
This project proposes a high density development consisting of thirteen three-story
apartment buildings and a clubhouse. Asphalt surfaced parking will be provided for the
site. The property is 29.59 acres in size, but only 20.84 acres will be disturbed and
developed by this project. The remaining undeveloped area is located on the down
gradient side of the project and will drain away from the proposed development. The
undeveloped area will remain wooded and grassed. The property is owned by Empire
Group, LLC from Greensboro, NC. The property is tax parcel 48-216-7004. There have
been no previous permits issued for the site. There is no pre-1988 built -upon area on the
site. There are no existing permits for the site with the exception of the wetland fill
permit dated March 13, 2008, DWQ Project.908-0.189.
The project will be built on a continuous basis. The stormwater treatment BMP's serving
the apartment areas will be constructed prior to building the apartment buildings and
associated parking areas.
The project will be served by the City of New Bern water supply and public sewer.
There are no known historic sites on the property. There is no public funding associated
with this project. There are not any known DENR non-compliance issues associated with
the site. The site is not in a CAMA area.
The site drains to an unnamed tributary of the Neuse River. The Neuse River in this area
is classified as SC; SW, NSW, index #03020202. The site is not within any Neuse
Riparian Buffer setback areas. The site does contain 404 wetlands. A permit has been
received from the NC DWQ granting permission to fill these isolated wetland areas. The
wetlands proposed to be impacted are not regulated by the USACOE due to their isolated
status. The site is currently undeveloped and is partially wooded with the majority of the
area existing as a grass field.
The site is planned as two separate stormwater drainage areas. Both drainage areas will
be high density. The stormwater runoff will be treated by two separate wet detention
ponds. The NPDES Phase II stormwater rules do not apply to the project area. The
majority of the stormwater collection is by piping and drop inlets.
Stormwater Narrative
Waterford Landing Apartments
Page 2
For drainage area #1, the proposed built -upon area is 45.2% over a drainage area of 16.5
acres. A wet detention pond is proposed in order to treat the runoff associated with the
one -inch rainfall event. The wet pond is sized to provide 90% TSS removal.
Stormwater treatment at the pond outlet is provided by a 3:1 side slope grass swale.
Runoff into the pond is delivered via collection piping. Two separate forebay areas are
provided at the head of the pond.
For drainage area number 2, the proposed built -upon area is 56.8% over a drainage area
of 4.34 acres. A wet detention pond is proposed in order to treat the runoff associated
with the one -inch rainfall event. The wet pond is sized to provide 95% TSS removal.
The total average site built -upon area is 47.6%. The stormwater runoff from all of the
developed areas will be collected for treatment. There is no off site runoff coming into
this project.
A perimeter planted vegetative shelf is provided with one-half of the shelf below the
permanent pool level and one-half above the permanent pool level for each of the two
ponds. The outlet structure for each of the ponds is sized to draw down the temporary
pool within the time period of 2 — 5 days.
Each of the two ponds provides attenuation of the one- and ten-year storms to
predevelopment conditions as required by the Neuse River Basin Rules and by the City of
New Bern Stormwater Ordinance.
The project entrance road crosses an adjacent property over an easement. The runoff
from this road is being collected for treatment.
The soils on the site are a combination of a clay structure and a loam at the depths to be
disturbed by this project. The depth to the seasonally high water table at pond #1 is
approximately 5.5 feet (elevation 22.0'). At pond #2, the depth is 3 feet (elevation 20.0').
oq
New Bern, NC, USA - Google Maps
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Address New Bern, NC Get Google Maps on your phone
Textthe word "GMAPS"to466453
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MARCH 3, 2008
NOTES:
1. SECTION 4D4 WETLANDS ARE PRESENT CN THE SUBJECT PROPERTY
AS DELINEATED ON THIS MAP THE SECTION 404 WETLANDS SHALL
NOT BE DISTURBED IN ANY MANNER BY THE PROPOSED CONSTRUCTION.
2. NO BLUE -LINE STREAM AREAS OR NEUSF RIPARIAN BUFFER
AREAS ARE LOCATED ON THE PROJECT SITE.
DRAWING SHEET INDEX
CI SITE PLAN
C2 HORIZONTAL ROAD ALIGNMENT
C3 OVERALL WATER & SEWER PLAN
C4 ENLARGED SITE GRADING PLAN
C5 ENLARGED SITE GRADING PLAN
CS PLAN & PROFILE - WATERFORD DRIVE
C7 PLAN & PROFILE - ROAD TWO
C8 PLAN & PROFILE - LAKEFRONT DRIVE
C9 PUN & PROFILE - LAKEFRONT DRIVE
CIO PLAN & PROFILE - LAKEFRONT DRIVE
C11 PLAN & PROFILE - HEADWATER DRIVE & RIPPLE DRIVE
C12 PLAN & PROFILE - TUPELO DRIVE & MARSHVIEW COURT
C13 PLAN & PROFILE - WATERFOWL CIRCLE
C14 PUN & PROFILE - STREAM VIEW COURT & OFF -SITE SEWER
C15 ENLARGED STORMWATER POND #1
C16 ENLARGED STORMWATER POND #2
C17 ROAD & DRAINAGE DETAILS
C18 WATER & SEWER DETAILS
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Mike Winstead, Jr.
Mega Builders, CCC
500 Spring Garden Street
Greensboro, NC 27401
Ecosystem t
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VROGHeM
January 9,2008
Project: West Crossroads Apartments
�2 5}>srntc�w(�j
Expiration of Acceptance: July 9, 2008
County: CRAVEN
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the dale of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mdigation are summarized in the
followina table.
NEUSE
03020202
Stream (feet)
Wetlands (acres)
Buffer I
(Sq. Ft.)
Buffer II
(Sq. Ft.)
Cold
Cool
Warm
Riparian
I Non -Riparian
Coastal Marsh
Impacts
0
0
0
0
0.405
0
0
0
Credits
0
0
0
0
0.81
0
0
0
Upon receipt of payment, EEP will lake responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921.
Sincerely,
b.
Williamy. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Tracey Wheeler, USACE-Washington
Kyle Barnes, NCDWQ- Washington
Joe Avolis, agent
File
kutoruir 5... EhAa."... Pvotecti� 0" Sta&
®Fn
WDE R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 /www.nceep.net
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 13, 2008
Mr. Mike Winstead, Jr. Member/Manager
Empire Group, LLC
500 Spring Garden Street
Greensboro, NC 27401
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project�08-0189
Craven County
Subject Property: West Crossroads Apartments, Hwy. 55 west of New Bern
Neuse River
APPROVAL of Isolated Wetlands Permit
Dear Mr. Winstead:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.41 acre of
isolated wetlands in order to construct the proposed apartment complex in Crrven County, as described in
your application dated January 14, 2008, and received by the Division of Water Quality on February 6,
2008. After reviewing your application, we have determined that this fill is covered by the State General
Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). In addition, you should get
any other federal, state or local permits before you go ahead with your project including (but not limited
to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations. Also, this
Permit will expire upon the expiration date of IWGP100000 (September 30, 2008) or unless
otherwise rescinded by the Director of the Division of Water Quality.
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 Permit 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 Permit
and any additional 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 Approved Units
Plan Location or Reference
Stream
feet
Isolated Wetlands
0.41 acres
Site 1
Waters
acres
FAX 252-946-9215
An Equal OpportunhylAffirmative Action Employer— 501% Recycled/100F6 Post Consumer Paper
Mr. Mike Winstead, Jr.
Page 2 of 3
March 13, 2008
Buffers __(square fr.)
2. Erosion & Sediment Control Practices
----------Erosionand-sedimenbcontrol-practices-must-be infull-comp)ianceavithallspecifications__—___--_—_
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.
3. 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. 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/Wetlands 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 Permit 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 Permit, shall
expire upon expiration of IWGP100000 (September 30, 2008) or unless otherwise rescinded
by the Director of the Division of Water Quality.
Mr. Mike Winstead, Jr.
Page 3 of 3
March 13, 2008
If you do not accept any of the conditions of this Permit (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 Permit and its conditions are final and binding unless you ask for a
-- hearing. — -----
This letter completes the review of the Division of Water Quality under the Isolated Wetlands Rules as
described within 15 NCAC 2H, Section 0.1300. If you have any questions, please telephone Roberto
Scheller of the Washington Regional Office at 252-948-3940 or Ian McMillan of the 401
Oversight/Express Unit at 919-715-4631.
Enclosures: IWGP100000
Certificate of Completion
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Morehead Office
File copy
Central Files
Sincerely,
' lIto ge u��+
Division of Water Quality
Surface Water Protection
Washington Regional Office
Filename: 08-0189
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIWSION-OF-WATER-QUALITY--- -
STATE GENERAL PERMIT FOR IMPACTS TO ISOLATED
WETLANDS AND ISOLATED WATERS
PERMIT NUMBER: IWGP100000
FOR PROJECTS IMPACTING LESS THAN ONE (1) ACRE OF ISOLATED
WETLANDS, LESS THAN TWO HUNDRED, FIFTY FEET (250) OF ISOLATED
STREAMS AND/OR LESS THAN ONE-THIRD ACRE (113) OF OTHER
ISOLATED SURFACE WATERS
In accordance with the provision of Article 21 of Chapter 143, General Statutes of
North Carolina as amended and other lawful standards and regulations, including
15A NCAC 2H .1300 and 15A NCAC 2B .0200, promulgated and adopted by the
North Carolina Environmental Management Commission.
Permission is hereby granted to all owners or operators of activities which impact
isolated wetlands, isolated streams or other isolated waters in accordance with
the conditions set forth in Parts 1, II, III, IV, V, VI and VII of this General Permit
Number One.
This General Permit shall become effective on September 10, 2003.
This General Permit shall expire at midnight on September 30, 2008 or unless
otherwise rescinded by the Director of the NC Division of Water Quality (DWQ).
Alan W. Kimek, Director
Division of Water Quality
By the Authority of the
NC Environmental Management Commission
This General Permit is issued in conformity with the requirements of North
Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .1300
North Carolina. This Permit may be rescinded when deemed appropriate by the Director
of DWQ after appropriate public notice.
The State of North Carolina certifies that the specified category of activity will not
violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws
92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth.
Conditions of Permit:
Totaling Impacts and Application Requirements:
A Application Thresholds — Impacts to isolated, classified streams, wetlands and
water that exceed any of the thresholds below require a complete application and written
concurrence which may Include site -specific conditions in order to use this Permit. These
thresholds apply for the entire project regardless of the number of Nationwide or
Individual Permits (if any) applicable to the project that are issued by the US Army Corps
of Engineers for the project:
1. Impacts to isolated streams of greater or equal to 150 cumulative feet of stream
length for the entire project require written notification to and approval by the
Division of Water Quality, and/or
2. Impacts to isolated lakes and ponds of equal to or greater than 113 of an acre
require written notification to and approval by the Division of Water Quality,
and/or
3. Impacts to isolated wetlands of greater or equal to 1/3 of an acre east of 1-95 and
1/10 of an acre west of 1-95 require written notification to and approval by the
Division of Water Quality;
4. Proposed fill or substantial modification of any amount of isolated wetlands
classified in accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands
(UWL) shall require written concurrence from the Division of Water Quality;
B. Activities which are Deemed Permitted: Impacts to less than i) 150 linear feet of
isolated stream, ii) 1/3 acre of isolated surface waters, iii) 1/3 acre of isolated
wetlands east of Interstate-95 or iv) 1/10 acre of isolated wetland west of Interstate-
95 are deemed permitted in accordance with 15A NCAC 2H .1305 (b) and do not
require application to or written approval from DWQ as long as all the conditions of
15A NCAC 2H .1305 (b) are followed;
C. Totaling and Reporting of Impacts:
1. isolated streams - Impacts to isolated streams as determined by the Division of
Water Quality shall be measured as the length of the centerline of the normal
flow channel. Permanent and/or temporary stream impacts shall be enumerated
on the entire project for all impacts regardless of which 404 Nationwide Permits
are used (if any). Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts. Any activity that results in a loss of
use of stream functions including but not limited to filling, relocating, flooding,
excavation, dredging and complete shading shall be considered stream impacts.
Impacts to streams shall include streams enclosed by bottomless culverts,
bottomless arches or other.spanning structures unless the entire structure
(including construction impacts) spans the entire bed and both banks of the
stream, is only used for a road, driveway or path crossing, and is not mitered to
follow the stream pattern. Impacts for dam footprints and flooding will count
toward the threshold for stream impacts, but flooding upstream of the dam will
not count towards mitigation requirements as long as no filling, excavation,
relocation or other modification of the existing stream dimension, pattern or
profile occurs. Any filling, excavation, relocation or other modification of the
existing stream (other than flooding) must re-establish the same dimensions,
patterns and profiles of the existing channel (or those of a stable reference reach
2. Isolated Lakes and Ponds — Impacts to isolated waters other than streams and
wetlands as determined by the Division of Water Quality shall be measured as
area. Permanent and/or temporary water impacts shall be enumerated on the
entire project for all impacts proposed regardless of which 404 Nationwide
Permits are used (if any). Any activity that results in a loss of use of aquatic
functions including but not limited to filling, draining, and dredging shall be
considered waters impacts.
3. Isolated Wetlands - Impacts to isolated wetlands as determined by the Division of
Water Quality shall be measured as area. Permanent and/or temporary wetland
impacts shall be enumerated on the entire project for all impacts regardless of
which 404 Nationwide Permits are used (if any). Any activity that results in a loss
of use of wetland functions including but not limited to filling, excavating, draining,
and flooding shall be considered wetland impacts. Impacts to wetlands shall
Include activities that change the hydrology of a wetland.
D. Public Notice requirement— A separate Public Notice and Individual Permit will be
required for all projects which propose to impact more than 250 linear feet of isolated
streams or more than one (1) acre of isolated wetlands or other waters in accordance
with 15A NCAC 2H .1303. For impacts less than these thresholds, this General
Permit is applicable without additional Public Notice.
E. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for an Isolated Wetland General or Individual Permit must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted. This payment shall be the higher of the two fees;
F. Impacts to any stream length for streams regulated by the respective riparian buffer
rules in the Neuse, Tar -Pamlico, Catawba or Randleman River Basins (or any other
major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the
time of application) also requires written concurrence for this Permit from DWQ in
accordance with 15A NCAC 2B.0200 except for "exempt activities' as noted below.
Activities listed as 'exempt' from these rules do not need to apply for written
concurrence under this Permit as long as they meet the impact thresholds provided in
the rules. New development activities located in the protected riparian areas
(whether jurisdictional streams, wetlands, waters or not) within river basins with
riparian buffer protection rules shall be limited to "uses" identified within and
constructed in accordance with 15A NCAC 2B .0200.
All new development shall be located, designed, constructed, and maintained to
have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices;
G. Irrespective of other application thresholds in this General Permit, all impacts to
perennial waters and their associated buffers in water supply watersheds require
written approval from DWQ since such impacts are allowable as provided in 15A
NCAC 2B. 0212 (WS-1), 2B .0213 (WS-II), 28 .0214 (WS-III) and 2B .0215 (WS-
IV). Only water dependent activities, public projects and structures with
diminimus increases in impervious surfaces will be allowed as outlined in those
rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the Isolated
Wetland General Permit can be processed. In addition, a 30 foot wide vegetative
buffer for low density development or a 100 foot wide vegetative buffer for high
density development must be maintained adjacent to all perennial waters in
water supply watersheds except for allowances as provided under the Water
Supply Watershed Protection Rules. For the purposes of this condition,
perennial water -are-defined-as those shown as.petennial waters on the most
recent USGS 1:24,000 topographic map or as otherwise determined by local
government studies;
II. On -Site Stormwater Management:
A. Additional site -specific stormwater management requirements may be added to
this Permit at DWQ's discretion on a case by case basis for projects that have or
are anticipated to have impervious cover of greater than 30 percent for either the
entire site or portions of the site that exceed 30% imperviousness. Site -specific
stormwater management shall be designed to remove at least 85% TSS
according to the latest version of DWQ's Stormwater Best Management Practices
manual at a minimum. Other stormwater management requirements (such as
(but not limited to] providing diffuse flow through protected buffers) may also be
added on a case -by -case basis.
Additionally, in watersheds within one mile and draining to 303(d) listed
waters, as well as watersheds that are classified as nutrient sensitive waters
(NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW),
and outstanding resource waters (ORW), the Division shall require that extended
detention wetlands, bio-retention areas, and ponds followed by forested filter
strips (designed according to latest version of the NC DENR Stormwater Best
Management Practices Manual) be constructed as part of the stormwater
management plan when a site -specific stormwater management plan is required.
For streams classified as Water Supply, High Quality Waters and Outstanding
Resource Waters, post -construction, on -site stormwater management shall be
required as appropriate and as outlined in 15A NCAC 213.0104(m) and 2H .1000
to .1007, respectively, in addition to that required in this General Permit.
Alternative designs may be requested by the applicant and will be
reviewed on a case -by -case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water
Quality's other existing state stormwater programs including appropriate local
programs are sufficient to satisfy this Condition as long as the stormwater
management plans meet or exceed the design requirements specified in this
condition. This condition applies unless more stringent requirements are in effect
from other state water quality programs.
1. Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Permit occur.
2. The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
3. Also, before any permanent building or other structure is occupied at the subject
site, the facilities (as approved by the Wetlands Unit) shall be constructed and
operational, and the stormwater management plan (as approved by the
Wetlands Unit) shall be implemented.
4. All structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained In perpetuity.
5. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
III. Compensatory Mitigation:
A. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
streams classified as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear,
publicly -funded transportation project, which has a 150-foot per -stream impact
allowance;
B. In accordance with 15A NCAC 2H .1300, compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands for an entire project. For linear public transportation projects, impacts equal
to or exceeding 150 feet per stream may require mitigation. In addition, buffer
mitigation may be required for any project with Riparian Area Protection Rules (Buffer
Rules) in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer
Rules or require a variance under the Buffer Rules. A determination of buffer, wetland
and stream mitigation requirements shall be made for any use of this General Permit.
The most current design and monitoring protocols from DWQ shall be followed and
written plans submitted for DWQ approval as required in those protocols.
When compensatory mitigation is required for a project, the mitigation plans must
be approved by DWQ in writing before the impacts approved by the Permit occur,
unless otherwise specified in the approval letter. The mitigation plan must be
implemented and/or constructed before any permanent building or structure on site is
occupied. In the case of public road projects, the mitigation plan must be
implemented before the road is opened to the travelling public. Please note that if a
stream relocation is conducted as a stream restoration as defined in The Internal
Technical Guide for Stream Work in North Carolina (April 2001 or its successor), the
restored length can be used as compensatory mitigation for the impacts resulting from
the relocation;
C. For any project involving re -alignment of streams, a stream relocation plan must be
included with the General Permit application for written DWQ approval. Relocated
stream designs should include the same dimensions, patterns and profiles as the
existing channel (or a stable reference reach if the existing channel is unstable), The
new channel should be constructed In the dry and water shall not be turned into the
new channel until the banks are stabilized. Vegetation used for bank stabilization
shall be limited to native woody species, and should include establishment of a 30
foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the
relocated channel. A smaller buffer may be allowed on a site -specific basis by DWQ.
A transitional phase incorporating coir fiber and seedling establishment is allowable.
Also, rip -rap, A -Jacks, concrete, gabions or other hard structures may be allowed if it
is necessary to maintain the physical integrity of the stream, but the applicant must
provide written justification and any hydraulic calculations used to determine the
extent of rip -rap coverage requested. If suitable stream mitigation is not practical on -
site, then stream impact will need to be mitigated elsewhere. If stream relocation is
conducted as a stream restoration as defined in The Internal Technical Guide for
Stream Work in North Carolina , (April 2001 or its successor), 2001, the restored
length can be used as compensatory mitigation for the impacts resulting from the
relocation;
D. Culverts and other structures installed in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be
impractical. Design and placement of culverts including open bottom or bottomless
arch culverts and other structures including temporary erosion control measures shall
not be conducted In a manner that may result In aggradation, degradation or
significant changes in hydrology of wetlands or stream beds or banks, adjacent to or
upstream and down stream of the above structures. The applicant is required to
orovide written evidence that the equilibrium shall be maintained if requested to do so
constructed across FEMA-designated floodways or wetlands, openings such as
culverts or bridges must be provided to maintain the natural hydrology of the system
as well as prevent constriction of the floodway that may result in aggradation,
degradation or significant changes in hydrology of streams or wetlands;
IV. Sedimentation and Erosion Control:
A. All erosion and sediment control practices (for land uses that include
construction/development, mining, agricultural and forestry practices) must be in full
compliance with all specifications governing the proper design, installation, operation
and maintenance of such Best Management Practices (BMPs).
1. For construction/development and land disturbance activities, erosion and
sediment control measures and maintenance must be installed and equal or
exceed the proper design, installation, operation and maintenance outlined in the
most recent version of the "North Carolina Sediment And Erosion Control
Planning and Design Manual'. If land disturbance amounts are below the
thresholds where a Division of Land Resource (DLR) or a DLR delegated
program require a Erosion and Sedimentation Control Plan, then measures and
control practices must be Installed such that sedimentation to waters is
prevented.
2. For mining activities, erosion and sediment control measures and maintenance
must be Installed and equal or exceed the proper design, installation, operation
and maintenance outlined in the most recent version of the "North Carolina
Surface Mining Manual".
3. For projects located on agricultural sites, Best Management measures must be
installed and equal or exceed the proper design, installation, operations and
maintenance outlined in Section 4 of the Natural Resources Conservation
Services (NRCS) Technical Guide. If erosion and sediment control measures
are not specifically addressed by NRCS Technical Guide for an activity being
conducted, then sediment control measures, control practices, and maintenance
must be installed and implemented such that sedimentation to waters is
prevented.
4. For project located on forestry sites, Best Management Practices must be
installed that equal or exceed the proper design, installation, operation and
maintenance as outlined in the most recent version of the "Best Management
Practice Manual" developed by the North Carolina Division of Forest
Management. If the Best Management Practices, developed by the Division of
Forest Resources, do not specifically address the activity being conducted, then
measures, control practices, and maintenance must be Installed and
implemented such that sedimentation to waters is prevented.
B. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources or DLR delegated program has released the project;
V. Compliance with Water Quality Standards:
A. Additional site -specific conditions may be added to projects proposed under this Permit
in order to ensure compliance with all applicable water quality and effluent standards;
B. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
C. If this Permit is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General or
Individual 401 Water Quality Certifications. The applicant is required to provide evidence
that the lots are buildable without requiring additional impacts to wetlands, waters or
buffers if required to do so in writing by DWQ. For road construction purposes, this Permit
shall only be ut ized from natural high gFeund to ihigh 9rokira•
V. Possible requirement for an Individual Permit and Public Meetings
A. The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Permit for any project in this category of activity that
requires written concurrence under this Permit, if it is determined that the project is likely
to 1) have a significant adverse effect upon water quality, 2) impact state or federally
listed threatened or endangered species, or 3) degrade the waters so that existing uses
of the wetland or downstream waters are precluded.
B. Public meetings may be held for specific applications or group of applications prior to a
Permit decision if deemed In the public's best interest by the Director of the North
Carolina Division of Water Quality.
VI. Compliance and Reporting:
A. If an environmental document is required, this Permit is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is Issued by the Slate
Clearinghouse;
B. Deed notifications or similar mechanisms shall be placed on all lots with remaining
wetlands and waters or on areas within 50 feet of all streams and ponds if riparian buffer
protection rules are applicable. These mechanisms shall be put in place within 30 days
of the date of issuance of the General Permit letter or the issuance of the 404 Permit
(whichever is later). A sample deed notification format can be downloaded from the
401/Wetlands Unit web site at htti),//h2o.enr.state.ne.us/ncwetiands . DWQ shall be sent
copies of all deed restrictions applied to these lots;
C. When written concurrence is required, the applicant is required to use the most recent
version of the Certificate of Completion to inform DWQ that work authorized by this
General Permit has been completed;
D. Concurrence from DWQ that this Permit applies to an individual project shall expire five
years from the date of the cover letter from DWQ or on the same day as the expiration
date of the corresponding US Army Corps of Engineers 404 Permit (if any), whichever is
sooner unless otherwise explicitly allowed in the approval letter from DWQ.
E. Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Permit for the project and may also result in criminal
and/or civil penalties.
F. Failure to abide by the conditions and limitations contained In this permit may subject the
Permittee to an enforcement action by the Division of Water Quality in accordance with
143-215.6A to 143-215.6C.
G. This permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance, or termination does not
stay any permit condition.
H. The issuance of this Permit does not prohibit the Director from reopening and modifying
the Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the
laws, rules, and regulations contained in Title 15A of the North Carolina Administrative
Code 3, Subchapter 02H. 1300, and North Carolina General Statute 143-215.1 et. al.
I. The Permit is not transferable to any person or entity except after notice to and written
approval by the Director. The Director may require modification or revocation and
reissuance of the Permit to change the name and incorporate such other requirements as
may be necessary. A formal permit request must be submitted to the Division of Water
Quality accompanied by the appropriate fee, documentation from both parties involved,
and other supporting materials as may be appropriate. The approval of this request will
be considered on its merits, and may or may not be approved.
J. The issuance of this Permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be Imposed by other
nnvernments aaencies (local, state, and federal) which have jurisdiction. If any of those
permits results in revisions to the plans, a permit moamcauon must oe. suutrnucu.
K. The permittee grants permission to DENR Staff to enter the property during business
hours for the purposes of inspections and compliance review.
L. The permittee shall notify the Division of Water Quality of any mailing address changes
within 30 days.
—' Michael F. Easley. Governor
William G. Ross Jr., Secretary
North Carolina Department or Environment and Natural Resources
Colleen H. Sullins, Director
Division of Water Quality
DWQ Project No • CmInty.
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Comoletion
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 this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
1, hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
1, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
1, as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized
to observe (periodically, weekly, full time) the construction of the project, for the Permitce hereby state
that, to the best of my abilities, due care and diligence was used in the observation of the construction
such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other
supporting materials.
Signature Registration No.
Date
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree 81vd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/nmetiandst