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HomeMy WebLinkAbout20071589 Ver 1_Approval Letter_20070924O~O~ W A T ~9pG ~ '~ r ~ ~ 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 24, 2007 DWQ Project # EXP 07-1589 Warren County Hubquarter Development, Inc. Attn: Mr. David Williams 1595 NC 903 Littleton, NC 27850 Subject Property: Access Road to Williams Property (Hubquarter Landing) UT to Roanoke River [030207, 23-(12), WS-V, B] Approval of 401 Water Quality Certification with Additional Conditions -Express Review Program Dear Mr. Williams: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 146 linear feet of perennial stream for the purpose of constructing the access road, as described within your Pre-construction Notification Application dated September 1, 2007. The impacts are covered by General Water Quality Certification Number 3627. The Certification allows you to use Nationwide Permit NW 14 when issued by the US Army Corps of Engineers (USAGE). 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 Permit. This approval is for the purpose and design that you described in your original request (PCN dated September 1, 2007). 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 150 linear feet of stream, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This written approval requires you to follow the conditions listed in the attached Water Quality Certification (GC 3627) and the additional conditions listed below. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 /Internet: htto://h2o.enrstate.ne.us/ncwetlands No `hCarolina ~atura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Hubquarter Development, Inc. Page 2 of 4 September 24, 2007 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 are met. No other impacts are approved including incidental impacts: Im act T e Amount A roved (Units) Plan Location or Re erence Stream ( erennial) 146 (linear feet Se tember I, 2007 PCN a e 4 2. 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 and authorized by this approval letter. 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. 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 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. b. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters without prior written approval by DWQ. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and downstream of the above structures. All devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources has released the project. 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 GC 3627. Construction Stormwater Permit NCGOI 0000 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 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 Hubquarter Development, Inc. Page 3 of 4 September 24, 2007 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/Forrns Documents. htm. 7. Work in the Dry All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. 8. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and riparian buffers in order to assure compliance for future wetland or water impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. 9. Impervious Surface Threshold Under GC 3627 -The impervious area of Hubquarter Landing (including streets, sidewalks, driveways, housing, recreation buildings, parking areas, etc.) should not exceed 32.4 acres of the ] 08-acres property (30% impervious). This restriction contained herein shall be binding upon the owner's successors and assigns, and shall be perpetual and run with the land until released or amended by a release or amendment approved by the North Carolina Division of Water Quality. DWQ would like to remind you that if a compliance inspection reveals an impervious surface area of 30% or greater, then Hubquarter Development, Inc. will be in violation of this Condition and required to comply with the requirements of Condition 6 in GC 3627. 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 11. Notification of Construction The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead address within ten (10) days of the commencement of construction. 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 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 150B 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. Hubquarter Development, Inc. Page 4 of 4 • September 24, 2007 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 letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Lia Myott at 919-733-9502. Sincerely, ~,,r -~ ~.~ ~ ~~~ ,~ Coleen H. Sullins NCDWQ Director CHS/cbk/lem Enclosures: GC 3627 Certificate of Completion cc: Eric Alsmeyer, USACE Raleigh Regulatory Field Office Lauren Cobb, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Kristen Shacochis-Brown, Kerr Env. Services Corp., 1008 Old Virginia Beach Rd., Ste 200., Virginia Beach, VA 23451