HomeMy WebLinkAbout20061393 Ver 2_Modifications_20070910Transmittal
STEWART-PROCTOR PLLC
ENGINEERING ~ SURVEYING
319 CHAPANOKE ROAD
SUITE !06
RALEIGH, NC 27603
PHONE: (919) 779-1855
FAX.' (919) 779-1661
Date:
Attention:
From:
No. of pages:
(Including this cover)
Comment(s):
~6- 13g3 V3
~ ~3~ 7
TdN,~ r~FC.
~~
Sire 1 ~ 2007
w~r~ru~ ~;, wa,r~~ QuaurY
. Q Sr(N~a,~vq i FR 9RANl;H
AS PE2 c9 u 2 c v,~~ ~ ~ fvs a Tioy L'i+1 s'E.JO ~ . ~o u
- ~ (~Eui«4 ~ A~J /~'U,C 6 A2 ~c.~ SyLlD p(,~1 ['~ J~ Oro 139?
W NTH l.£SS ,r1PPc.TS ; N~.J TN P~fl,/ rNaT UA AP~,2o~E,~
NO nc~m 7~ 200{, Pc,EFlsE SE ~!(~( /aPPQduAL L tr~P
n~,7 2Fu~s,trA P A~ 5 SNo~.1~.~6 ~ ss irrPac..~ S
SF you Ha F lay l~~£ST/vJs O r.?~~ /~~f /"E i4 c,a~c.
-- %NA~1K ~dy
Sn}t ~
Reply requested: _ Yes _ No
4
~ . ~~~ w H T~9O
~O ~
~ r
~ i~~
p `~ 'r
Michael F. Easley, Governor
William G. Ross 1r., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 7, 2006
Mr. Steve Shipwash
96 Shipwash Drive
Garner, NC 27529
Subject Property:
DWQ Project # 06-1393, Ver. 2
Wake County
Garrison Subdivision
Ut to Basal Creek [030403, 27-43-1 S-3, B, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Shipwash:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.29 acres of wetland, 112 linear feet of perennial stream, and 5,388 square
feet (ftZ) of Zone 1 Neuse River basin protected riparian buffers and 2,085 square feet (ft2) of Zone 2
Neuse River basin protected riparian buffers to construct the proposed residential subdivision at the
subject property, as described within your undated application received by the N.C. Division of Water
Quality (DWQ) on October 4, 2006. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s)
allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USAGE).
This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian
buffers per 1 SA NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application shall expire
upon expiration of the 404 or LAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 1 SO linear feet of stream, compensatory mitigation may be required as described in 1 SA
NCAC 2H .OS06 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
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:
4010versighUExpress Review Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, No 604
hone; - ntemet: htto://h2o.enr.state.nc.us/ncwetlands
iVo~` Caro 'na
~atura~y
An Equal OpportunitylAffinnative Action Employer - 50% Recycled/10% Post Consumer Paper
~~~
Mr. Steve Shipwash
Page 2 of 5
November 7, 2006
Amount Approved
Units Plan Location or Reference
404/Wetland 0.29 acres PCN a e 8 of 12
Stream - erennial 112 linear feet PCN a e 8 of 12
Buffer -Zone 1 5,388 s ware ft. PCN a e 11 of 12
Buffer -Zone 2 2,085 s uare ft. PCN a e t 1 of 12
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:
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.
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. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities to ensure compliance
with I SA NCAC 2B 33 and GC 3402.
6. Construction stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
~ .
Page 3 of 5
November 7, 2006
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http ~//h2o enr state nc. us/su/Forms Documents. htm.
7. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401 /Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
Mr. Steve Shipwash
Page 4 of 5
November 7, 2006
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project.
9. 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.
] 0. Onsite Imperviousness
Please note, your proposed imperviousness for the project is 28.91 percent. If a compliance
inspection reveals that you have exceeded the threshold of 30 percent imperviousness for the site,
you will need to retrofit a stormwater best management plan that would have to consist of a
constructed wetland or bioretention pond followed by level spreaders and a forested filter strip.
11. 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 Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 1508 of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
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.
1V 11. Jl1.YN J11lf/ll t1J 11
Page S of 5
November 7, 2006
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. IfjQou have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786. ~~
Si
Alan W. Klimek, P.E.
A W K/ijm
Enclosures: GC 3402
Certificate of Completion
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
John Teel, Stewart-Proctor, PLLC, 319 Chapanoke Road, Raleigh, NC 27603
Filename: 061393 Ver2GarrisonSD(Wake~01+NBR