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HomeMy WebLinkAbout19960722 Ver 1_Fax_19990914State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr:, Governor Bill Holman, Secretary Kerr T. Stevens, Director D E N R Division of Water Quality Environmental Sciences Branch & Wetlands/401 Unit Location: 4401 Reedy Creek Road Raleigh, N.C. 27607 Mailing Address: 1621 Mail Service Center Raleigh, N.C. 27699 FAX: (919) 733-9959 1// V/?r FAX TO: ?-?f 1vV? ??l ( a I FAX NUMBER: SYb -0 1751 FROM: PHONE: NO. OF PAGES INCLUDING THIS SHEET: I f\ _f '?_fb VO wwv?- cs?e? 1 If you receive this fax by mistake call: ESB (919) 733-9960 or Wetlands (919) 733-1786. A • i 09/14/1999 17:36 546-0757 SPANGLER ENVIRONMENT UVIRONMUfrA4 INC. 224 Fayetteville Street Mall, Suite 400 PO Box 387 Telephone 919-546-0754 Raleigh, NC 27602-0387 Fax 919-546-0757 FACST VOLE Date ZI-Vk. To NAVA/ AAeVEY Company Name Z) k/ a Project Number S& ; OS Za W--1V I From V 1 Al sp±!!!? Fax 733 ?9477 s?c?a? ? d t.,? S7Yt?v 01 R/P a-C) Total Number of Pages Including this Cover Sheet ? ACI lil/IT?I 0JVA1.' -7 AAe / tf" PAGE 01 J?af arc rtr? / W A r K a2 A"Z A;iy,4- X-&HZ 22161? 1 AS IN For Questions or Problems Regarding this Fax, Please Call Environmental Sciences - Environmental Remediation - Planning - Expert Testimony 99/14/1999 17:36 546-6757 SPANGLER ENVIRONMENT PAGE 02 SEP-14-1999 TUE 01;51 PM FAX NO. P. 02 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr„ Governor Bill Holman, Secretary Kerr T. Stevens, Director Kenneth Bailey Sandler at Old Stage, LLC 448 Viking Drive Suite 225 Virginia Beach, VA 23451,7 Dear Mr. Bailey: 1 NCDENR NORTH CAROILANA DEPARTMENT of 00ARONMENT AND NATURAL RMtOURCES September 14, 1999 Re: Certification Pursuant to Section 401 of the fedora.] Clean Water Act, Proposed Eagle Ridge Development and Golf course WQC Project # 960722 COE # 199920576 Wake Coup xs 0opy of Certification 14o, 3245 issued to Sandler at Old Stage, LLC dated If we ca)ubSWurther assistance, do not hesitate to contact us, Sincerely, AttacbmePts 960722.wgc cc: Wilmington District Corps of Fslgineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Idle", Jim Spangler; Spangler Environmental Scott Mitchell; John R. McAdams Company Kerr T. Stevens Division of Water Quality • Non-Discharge 13ranch Wetland&/401 Unit 1621 Mail Service Center Raleigh, NC 27699 Telephone 919-733.1786 FAY ,# 733-9959 An Equal opportunity Affirmative Action Employer • 50% recyeled/t 0% post consumer paper 09/14/1999 17:36 546-0757 SPANGLER ENVIRONMENT PAGE 03 SEP-14-1999 TUE 01:52 PM FAX NO. P. 03 NORTH C OL1lNA 401??1?I''y? CI?I • T>tpN THIN CFR'I7FICA ?'' issued in conformity with there errs of Section 401 public laws 92-500 and 95-217 of the Un to , e North Carolina Division of Water Quality (DWQ) Regulations in 1 500. It is issued to Sandler at Old Stage, LLC resulting in 0.36 of wets n0 1.,'771 feet of stream h p ct in Wake County pursuant to a revised application dated the day o ??? to c street a golf course and residential development, In ,1999 ' onttOWL4 fib The application vides adequate assurance t the discharge of fill material into tltc??,wvtite?s of Swift Creek con'un i the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Thercrore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and FL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This :approval is only valid for the purpose and design tbAt you submitted in your application, as described in the Public Notice. If you change ' et, you must notify us and send us a new application for a new certification, if the is sold, the new owner must be given a copy of the Certification and approval letter and is a eb4+(h onsibl for complying with all conditions. If total wocland fills for this project (now or in c no acre, compensatory mitigation may be required as described in 15A NCAC 2H . 5) d (7). Fo r this approval to be valid, you must follow the conditions listed below, In adds should got any other federal, state or local permits bofore you go ahead with your project including (but not limited to) Sediment, and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. Condition(s) of Certification. 1. Appropriate sediment and eroCrth trol pr etices which equal or exceed those outlined in the most recent version of two ni ither a "North Carolina Sediment and Erosion Control Pla3nning and Design Manual" N Carolina Surfa ce Mining Manual" (avallablc from the Division of Land ResourcEHNR Regional or Central Offices). The control practices shall be to prevent exceedanees of the appropriate turbidity water quality standard (50 NT s) ; 2. All sediment an erosi Control measures placed in wetlands or waters shall be removed mid the natural grader red after the Division of Land Resources has released the project; 3. Measures shrill be taken to prevent live or fresh concrete from coming into cgntact with waters of the state until the concrete has hardened; 4. Should waste or borrow sites be located in wetlands or other waters, compensatory mitigation will be required since it is a direct impact from this project; 5. A final detailed physical and biological monitoring plan for the stream restoration shall be submitted for 1)WQ's written approval by November 15, 1999. This plan should include an amended mitigation plan (based on your August 3, 1999 "Eagle Ridge Stream Relocation .Plan" depicting; 09/14/1999 17:36 546-0757 SPANGLER ENVIRONMENT PAGE 04 Ar-14-1 UyU 1 Uh U 1: be Fn FAX NO. P. 04 a) planting species and densities, b) more detail for the "tie-in" to the nawt°al channel at the bottom of the reach, c) the angle of the footwad revetments, and d) the "double-wing" deflectors changed to "single-wing deflectors or eliminated altogether. 6. The stream "restoration" at L8, U62 and U63 shall be redesigned to mimic natural stream attern, and profile. This plan shall be submi o DWQ for written approve overnb4r 1$,19 7. Contribution to the NC Wetland Restoration Program for the inadequately buffer stream tustor-ation shall be provided on the enclosed form or a similar length of additional stream mitigation will be nooded. This area includes the fill authorized in our November 4, 1998 approval (316 feet), golf crossings as well as areas within the railroad right-of-way where, a 50 foot wide wooded buffer cannot be assured, An accounting of this length must be provided to DWQ by October 15, 1999 and payment received by November 15, 1999. 8. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 permit (whichever is later). 9. Water withdrawals from Swift Crock shall not result in less than the 7Q10 of 0.1 cis at the pump intake. DWQ shall be copied at least two months before operation with the plan and calibration calculations for the staff gauge to be, installed to protect this low flow. DWQ shall be notified when pumping begins for irrigation purposes. Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. 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 Administrativo Nearings, p,Q, Box 27447, Raleigh, NC, 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of tho Certification. Unless such demands arc made, this CertiCcation shall be final and binding. This the le day of September 1999 DIVISION OF WATpA QUALITY Kerr T. Stevens WQC 0 3245