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
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If you receive this fax by mistake call: ESB (919) 733-9960 or Wetlands (919) 733-1786.
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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
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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