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HomeMy WebLinkAboutSW7080407_HISTORICAL FILE_20080421NORTH CAROLINA J Department of Environmental Qua L � STORMWATER DIVISION CODING SHEET 1 Po,.<o.sm��n�o.a.„ POST -CONSTRUCTION PERMITS o...�x PERMIT NO. DOC TYPE TYPE ❑ CURRENT PERMIT APPROVED Ppw�� ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE L YYYYMMDD 1 i r Empire Group, LLC Attn.: Mike Winstead, Jr. 500 Spring Garden Street Greensboro, NC 27401 Dear Mr. Winstead: kkR0 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� �l s tx r m 4At c\ 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 r �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) QUj 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 http://maps.google.com/maps?ie=UTF8&oe=utf-8&client=firefox-a&... Google. Maps Address New Bern, NC Get Google Maps on your phone Textthe word "GMAPS"to466453 i IIof1 4/17/2008 3:47 PM NC HWY Y I �IIII�III�I NEW WATERFORD LANDING 43/WASHINGTON POST ROAD BERN, NORTH CAROLINA LAND PLANNING BY: N GIPJ EERI NG AN: �. '. L.«o oc Ar,cxT can5,(iinG MW ",,.G 5i .' wo-� ro-Rr, xoRrX c.Woux+ 21M FXdF I.) mz-900J - �)]6l eu-e>80 BOARD OF ADJUSTMENTS 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 C19 LANDSCAPING PUN 1- - U LD1,e Or RD .AiL 4 I I P 4. — ` � I WESTDOSS IL �I _ !4 11 PiXC Lot - `" LOB n° A )OVERALL SITE NEW _ I \CALF _:1 Cie DFfD 4l' , pp Y or 39 N _ DEED E4 N41� qD%Y PRDpENB( 11 2'DMm R¢t 621 OT NAY' oN rDyliO DEED DErnE �0.r P"ftry jq,'Ep A4, 23 l07 41 DEED �DAY�Ot �EMv _ LOT 42 #i DE£4 MNME, Y V R TIWED R M I xDN aN 43 — 1 DErnmDDx'Nir °jEi�' LOTS N"5 _44 pro � up6 GEED N9D.h�O>LR EMY S LOT O46 `15 — a6 NO DFED' * taD' TNS °RDftnt jr py�+2 �DxN LOT 47 A PREUNINMY SUBDNAON PLAN C1 CI SCALE 1'-IW' - "si a4i u4ViaM a n.Law:`iY.44 .-. cnrsmDcnDv 0 -- _ _—� - - aun pm ¢yY. YI[ m Afi :MO A DE m dS-NE 'O'FOI 9 ff 11E AIfRFR I.ClFYKA i' - NfNM /IBIS YUND Npi BF Or' __ Nv •RN - :MPLL PltllrLE N E % ,RRCKI ;r ON rvDYD Y S Mfi ♦% �IIIYn YnHC OR fALYD19 iS AL P .E lK (l TILE! ♦ 0 R 6ONVIT (PWVATE) WASHINGTON POST ROAD SR lam I I I I I L ,., WO RD TRBlA�IL bYlf —WESTC ROBS DA s� — — — — — — — -I �- — —St DIVISION I o -- -T-TTT— .q o;l. I — 20Ntic — T as — HECKAITHORNC T POST ROAD SR 1401 GRAPHIC SCALE 1 pE�li 07091.DWG Mike Winstead, Jr. Mega Builders, CCC 500 Spring Garden Street Greensboro, NC 27401 Ecosystem t vrse'1 {+ 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