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HomeMy WebLinkAbout20050060 Ver 1_Approval Letter_20050411O~O~ W A T ~RQG r D ~i 4~ ~ Michael F. Easley, Govcmor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 11, 2005 Mr. Greg Ferguson Underwood Farms, LLC Mercury Dev 5660 Six Forks Road, Suite # 202 Raleigh, NC 27609 Subject Property: Underwood Farms Subdivision Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Ferguson: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # OS-0060 Wake County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.34 acres of wetlands, 14810 square feet of riparian buffers and 124 linear feet of streams for the purpose of residential construction at the subject property, as described within your application dated January 10, 2005 and received by the N.C. Division of Water Quality (DWQ) on January 12, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3404 and 3374, and (GC3404, 3374). The Certification(s) allows you to use Nationwide Permit(s) 14, 12, 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, Neuse Buffer Rules 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 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 1501inear feet of stream, compensatory mitigation maybe required as described in 15A NCAC 2H .0506 (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: 401 Oversight/Express Review Unit 1650 Mail Service Center, Raleigh, NoNt Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733893 / Internet htto:l/h2o.enr.state.nc.us/ncwetlands No~C Carolina ~frrra!!~ An Equal OpportunitylAffirmative Action Employer- 50% Recycledll0% Post Consumer Paper Underwood Farms subdivision Page 2 of 3 April 11, 2005 Amount Approved Units Plan Location or Reference 404 Wetlands 0.34 (acres PCN and other a lication materials Streams 1241inear Feet PCN and other a lication materials Buffers 14810 S uare feet PCN and other a lication materials 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 Caroli~ia Sediment a~zd 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 acid 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. 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. Storm water Management Plan A final written Storm water management plan, and Maintenance Practices shall be approved in writing by this office prior to the impacts associated with construction of any permanent facilities at the subject site. The stormwater management facilities shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. The storm water facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the site, the facilities as approved by this office shall be constructed and operational; and storm water management plan as approve by this office shall be implemented. Underwood Farms subdivision Page 3 of 3 April 11, 2005 The storm water practices as approved by this office as well as the drainage patterns must be maintained in perpetuity. No changes to the structural storm water practices shall be made without written authorization from the Division of Water Quality. . 6. 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" Form 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 Pern~it. 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. 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. If you have any questions, please telephone Sam A. Aghimien, at 919-733-3574. CBK/SAA Enclosures: GC 3404 / GC 3374 Certificate of Completion cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Sincerely, t '~ Alan W. Klimek, P.E. Pam Kistner PE, 2301 Rexwoods Drive Suite # 200 Raleigh NC. 27607 Filename: OS-0060 Underwood Farm Sub 401 NBR 4-11-OS