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HomeMy WebLinkAbout20071177 Ver 1_No Written Concurrence_20071001r oc'~~ w A r~Rp~ ~ _ ~ . -i o -c October 1, 2007 Brunswick County DWQ Project #: 071177 Southern Villages, LLC Attn: Steven Sherron 4922 East Oak Drive Oak Island, NC 28465 Subject Property: Cobblestone Cove NO WRITTEN CONCURRENCE NEEDED Dear Mr.Sherron: You have our approval, in accordance with the attached conditions; to impact 0.139 acres ofwetlands for construction of a residential subdivision on the subject property described in your application revision received by DWQ on September 21, 2007. After reviewing your application, we have decided this fill is below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3631 are met. This certification may also be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use the Nationwide 29 Permit when issued by the US Army Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. Ifyou change your prof ect, 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the 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 Division of Water Quality. 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 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. A recorded copy of the deed notifications must be submitted to this Office and to the 401 Oversight and Express Unit in Raleigh before the impacts to wetlands approved by this Certification can take place. 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 NO~e hCarolina ~turally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-] 617 Phone (919) 733-7015 Customer Service Internet www.ncwatcrquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 I-877-623-6748 An Equal OpportunitylAff rmative Action Employer - 50°/ Recycled110% Post Consumer Paper Page 2 Cobblestone Cove Attn: Steven Sherron 3. The wetland boundary must be clearly identified on all lots that have jurisdictional wetlands present as depicted on the jurisdictional determination map approved by the US Army Corps of Engineers. The wetland boundary identification (flagging, fencing, etc.) must be maintained on each lot until the lot is sold. 4. Written Stormwater Management Plan (Final Approval Needed) The final, written Stormwater management plan approval on letterhead from the Express State Stormwater permitting branch of DWQ and one copy of the approved Stormwater management plan, including plan details, calculations and other supporting information, must be received by this Office before the impacts specified in this Certification occur. Also, before any permanent building is occupied at the subj ect site, the facilities (as approved by this Office) shall be constructed and operational, and the Stormwater management plan (as approved by this Office) shall be implemented. The approved structural Stormwater practices as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Violations of any condition herein set forth may 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 and the General Certifications are made conditions of the Federa1404 and/or coastal Area Management Act Permit. If you do not accept any of the conditions of this certification, 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. If you have any questions, please telephone Ian McMillan at (919)-715-1786 or Chad Coburn at our Wilmington Regional Office at (910) 796-7215. Sincerely, Chad Coburn Senior Environmental Specialist Enclosures GC 3631 Certification of Completion cc: Ian McMillan -DWQ 401 Oversight Unit Kim Garvey - USACE Wilmington, P.O.Box 1890 Wilmington, NC 28402 Troy Beasley -Withers & Revenel, 7040 Wrightsville Avenue, Suite 101, Wilmington, NC, 28403 Central Files WiRO Certification of Completion DWQ Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Agent's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Date: hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, County: Signature: Registration No. Date WQC #3631 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES), 29 (RESIDENTIAL DEVELOPMENT), 39 (COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS), 41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL FACILITIES), 43 (STORMWATER MANAGEMENT FACILITIES), 44 (MINING ACTIVITIES), AND 46 (DISCHARGES IN DITCHES) AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 26 .0200. This Certification replaces Water Ouality Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362 issued March 18, 2002 and WOC Number 3402 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes any of these Nationwide Permits or when deemed appropriate by the Director of DWO. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams -Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements. Any filling, excavation, relocation or other modification of the existing stream (other than flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a stable reference reach if the existing channel is unstable) to the maximum extent practical. • Wetlands -Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. WQC #3631 • Lakes and Ponds -Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be considered waters impacts. Application Thresholds -Stream, wetland and water impacts that exceed any of the thresholds below require a complete application and written concurrence to use this Certification: • Total stream impacts of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water Quality, andlor • Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or • Wetland impacts of greater or equal to 1/3 of an acre east of I-95 and 1/10 of an acre west of I-95 require written notification to and approval by the Division of Water Quality except as specified below. Any impacts to wetlands adjacent to waters designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application and written concurrence from the Division of Water Quality to use this Certification. These thresholds apply for the entire project regardless of the number of Nationwide Permits applicable to the Certification that are issued by the USAGE for the project; • Written notification to DWQ is required for all applications that propose to use Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. In this case, the applicant will be notified in writing from DWQ within 30 days of the receipt of the written notification. • Proposed fill or substantial modification of any amount of wetlands classified in accordance with 15A NCAC 26 .0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; 2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 3. Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-I), 2B .0213 (WS-II), 2B .0214 (WS-III) and 26 .0215 (WS-IV). Only water dependent activities, public projects and structures with diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development WQC #3631 must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when asite-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 26 .0104(m) and 2H .1000 to .1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The 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 or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; 6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application fora 401 Water Quality Certification must include the appropriate fee. If a WQC #3631 project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; For any project involving re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina ,April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds 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 to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; WQC #3631 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 12. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 13. Measures shall be taken to prevent five or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 14. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 15. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General Certifications. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers if required to do so in writing by DWQ. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 16. 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. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401NVetlands Unit web site at htto://h2o.enr.state.nc.us/ncwetlands . DWO shall be sent copies of all deed restrictions applied to these lots; 17. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWO when all work included in the 401 Certification has been completed; 18. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44, whichever is sooner. WQC #3631 Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 19 March 2007 DIVISION OF WATER QUALITY By G"~ Alan W. Klimek, P.E. Director WQC # 3631