HomeMy WebLinkAbout20052231 Ver 1_Approval Letter_20060606O~a~ W A T~9pG Michael F. Easley, Governor
~ Wilham G. Ross Jr., Secretary
tom-- North Carolina Department of Environment and Natural Resources
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_ p -~ Alan W. Klimek, P.E. Director
Division of Water Quality
June 6, 2006
DWQ Project # OS-2231
Wake County
Mr. Mark Farrell
Pulte Homes, Inc.
801 Corporate Center Drive, Suite 118
Raleigh, NC 27607
Subject Property: Glenwood Crossing
Potts Branch [030402, B, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Farrell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 158 linear feet of perennial stream and 7,736 square feet (ftZ) of protected
Zone 1 Neuse River basin riparian buffer and 4,440 square feet (ftZ) of protected Zone 2 Neuse River
basin riparian buffer to construct the proposed residential subdivision at the subject property, as described
within your revised application dated Apri121, 2006 and received by the N.C. Division of Water Quality
(DWQ) on Apri121, 2006 and all additional information submitted and received by the DWQ on April
27, 2006. After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use
Nationwide Permit(s) NW 14 when issued by the US Army Corps of Engineers (USAGE). This letter
shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 2B .0233. 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 or CAMA 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 may be 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:
4010versight/Express Review Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands
None Caro~na
~tara!!y
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
Pulte Homes, Inc.
Page 2 of 4
June 6, 2006
Amount Approved
Units Plan Location or Reference
Stream - erennial 158 linear feet PCN a e 5 of 9
Buffer -Zone 1 7,736 s ware ft. PCN a e 8 of 9
Buffer -Zone 2 4,440 s ware ft. PCN a e 8 of 9
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 Carolina
Sediment and 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 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.
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. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
5. 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 15A NCAC 2B 33 and GC 3402.
6. Construction Stormwater Permit NCGO 10000
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 progam, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
Pulte Homes, Inc.
Page 3 of 4
June 6, 2006
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
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/Forms Documents. htm.
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered
by the NC Ecosystem Enhancement Program (EEP) and donation of perpetual conservation
easements to meet this mitigation requirement. This has been determined by the DWQ to be a
suitable method to meet the mitigation requirement. Until the EEP receives and clears your check
(made payable to• DENR -Ecosystem Enhancement Program Office), and the EEP and DWQ
approve the conservation easement donation, no impacts specified in this Authorization
Certificate shall occur. The EEP should be contacted at (919) 733-5208 if you have any questions
concerning payment into a restoration fund. You have one month from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes payment
into the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
Impact Compensatory
Miti ation Re uired River and Sub-basin
Number
Stream 158 linear feet Neuse - 03020201
Buffers 6,875 s uare feet Neuse - 03020201
8. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds 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 in writing by DWQ.
Pulte Homes, Inc.
Page 4 of 4
June 6, 2006
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all 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 NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
9. Deed Notifications
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.
10. 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.
11. 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 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 or CAMA 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.
Pulte Homes, Inc.
Page 5 of 4
June 6, 2006
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 and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sincerely,
~~? Alan W. Klimek, P.E.
AWK/ijm
Enclosures: GC 3404
Certificate of Completion
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Christopher Burkhardt, F&R, 310 Hubert Street, Raleigh, NC 27603
Filename: 052231 GlenwoodCrossing(Wake~01+NBR
.A~
~~_
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
North Carolina Division of Water Quality
401 Water Quality Certification and Neuse Buffer Authorization
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Pulte Homes, Inc. has permission as outlined below to
impact 1581inear feet of streams and 12,176 square feet of protected riparian buffer for the
purpose(s) of constructing a residential subdivision off Barefoot Drive Extension Road in Wake
County. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION AND
BUFFER AUTHORIZATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS-NC ECOSYSTEM ENHANCEMENT
PROGRAM (NC EEP) .
DWQ Project No: 20052231
LOCATION: Raleigh, NC
COUNTY Wake
BASIN/ SUB BASIN/ INDEX Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification and Neuse Buffer
Authorization, you are required to compensate for the above mitigable impacts through the
restoration, creation, enhancement or preservation of surface waters and riparian buffers as
outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement
Program must be rounded to one-quarter acre increments; linear foot requirements must be
rounded up to the nearest foot according to 15A NCAC 2R.0503(b).
Impacts:
158 linear feet of streams
12,176 square feet of riparian buffer
Mitigation:
158 linear feet of streams
6,875 square feet of riparian buffer
401 Wetlands Cert~cation Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-6893 / lntemet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Afrinnative Action Employer - 50°k Recycled/10% Post Consumer Paper
NorthCarolina
~aturall~
Pulte Homes, Inc.
Page 2 of 2
June 6, 2006
One of the options you have available to satisfy the compensatory mitigation requirement is
through the payment of a fee to the NC EEP per 15A NCAC 2R.0503. If you choose this option,
please sign this form and mail it to the Ecosystem Enhancement Program at the address below.
An invoice for the appropriate amount of payment will be sent to you upon receipt of this form.
PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM
ENHANCMENT PROGRAM.
Signature:
Date:
ECOSYSTEM ENHANCEMENT PROGRAM
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
(919) 733-5208
Filename: 052231 GlenwoodCrossing(Wake~101_NBR_EEP