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HomeMy WebLinkAbout20060658 Ver 3_Approval Letter_20070904\o~GF W H T ~9QG ~ r ~ l ~ ~ O ~' 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 September 4, 2007 DWQ EXP No. 06-0658v3 Franklin County Mr. Greg Garrett Crescent Resources, LLC 11104 Limehurst Place Charlotte, NC 28278 Subject Property: Hidden Lake, Youngsville, NC Brandy Creek [030301, 28-29-3-(1), B, NSW] Approval of Buffer Authorization Certificate per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions Dear Mr. Garrett: You have our authorization, in accordance with 15A NCAC 02B .0259 and any conditions listed below, to impact approximately 4,320 ftZ of Zone 1 and 2,880 ft2 of Zone 2 of the protected riparian buffers for the purpose of constructing the requested 44 individual lot piers and the boat ramp (201 Hidden Lake Drive) at the subject property as described within your application dated August 28, 2007. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control and Non- discharge regulations. This authorization is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this authorization letter and is thereby responsible for complying with all conditions. This authorization requires you to follow the conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Zone 1 Buffers 4,320 (s uare ft.) Au st 28, 2007 PCN, a e 9 Zone 2 Buffers 2,880 (s ware ft.) Au st 28, 2007 PCN, a e 9 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevazd, Suite 250, Raleigh, North Cazolina 27604 Phone: 919-733-1786 !FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands No hCarolina ~tura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Crescent Resources, LLC Page 2 of 3 September 4, 2007 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. Diffuse Flow An additional condition is that all stonnwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the waterbody as identified within 15A NCAC 2B .0259(5). 6. Grasspave Operation and Maintenance Agreement The signed and notorized Operation and Maintenance Agreement (O&M) for the boat ramp access Grasspave BMP dated August 31, 2007 must be strictly implemented and maintained in perpetuity. No changes to the BMP shall be made without written authorization from the Duvision of Water Quality. This O&M Agreement must transfer with the sale of the land, or there most be a transfer of responsibility for the BMP and DWQ must be notified of the transfer. 7. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within those boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within tLne buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15x~ NCAC 2B .0259. 8. Certificate of Completion Upon completion of all work approved within this authorization, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the ~}Ol ~,rc~cciu Rcs~urccs, i,l,~, Page 3 of 3 September 4, 2007 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall expire five (5) years from the date of this letter. This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0259. If you have any questions, please telephone Lia Myott at 919-733-1786. This letter does not authorize any impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers (USAGE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters. CHS/lem Enclosures: Certificate of Completion Sincerely, ~~ Coleen .Sullins, Director cc: USAGE Raleigh Regulatory Field Office Lauren Cobb, DWQ Raleigh Regional Office File Copy Central Files Debbie Edwards, S&EC, 11010 Raven Ridge Road, Suite 120, Raleigh, NC 27614 File name: 060658v3HiddenLake(Franklin)EXPTPBAuth