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HomeMy WebLinkAbout20071522 Ver 1_Approval Letter_20071010~~~ W ATFf~jp Michael F. Easley, Governor .~~ C~i William G. Ross Jr., Secretary ~ ~~..~ North Cazolina Department of Environment and Natural Resources ~ ~ ~ ~ ~ Coleen H. Sullins, Director Division of Water Quality October 10, 2007 DWQ EXP No. 07-1522 Johnston County Walthom Group N Attn: Mr. Rob Bailey 442 '/2 East Main St. Clayton, NC 27520 Subject Property: Porto Fino Residential Subdivision UT to Neuse River [030402, 27-(38.5), WSIV, NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions -Express Review Program Dear Mr. Bailey: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 9,583 square feet (ftZ) of Zone 1 of the protected riparian buffers, 3,267 square feet (fEz) of Zone 2 of the protected riparian buffers, and 215 linear feet of stream for the purpose of constructing the residential subdivision, as described within your Pre-construction Notification Application dated October 1, 2007. The impacts are covered by General Water Quality Certification Number(s) 3631 (GC3631). The Certification(s) allow you to use Nationwide Permit(s) NW29 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 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 150 linear 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 Water Quality Certifications (GC3631) and any additional conditions listed below. No°e Carolina 401 OversightlExpress Review Permitting Unit ~tllC<1~~1,J 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-68931 Internet: htto://h2o.enr.state.nc.us/ncwetlatids An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Porto Fino Residential Subdivision Page 2 of 4 October 10, 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: Impact Type Amount Approved Units Plan Location or Reference Stream (intermittent 215 linear feet Oct. 1, 2007 PCN a e 9 of 13 Buffer -Zone 1 9,583 (s uare ft.) Oct. 1, 2007 PCN a e 12 of 13 Buffer -Zone 2 3,267 (s uare ft.) Oct. 1, 2007 PCN a e 12 of 13 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. 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 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. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. Sediment and Erosion Control Measures 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 two (2) months of the date that the Division of Land Resources has released the project. 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 .0233 and GC 3631. 6. Diffuse Flow Measures Approved All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5). The diffuse flow measures (bioretention designs submitted on October Porto Fino Residential Subdivision Page 3 of 4 October 10, 2007 9-10, 2007 and the Operation and Maintenance Agreement signed on October 2, 2007) must be implemented and the diffuse flow prciyisions shall be constructed and operational before any permanent building is occupied at the subject site. The structural diffuse flow measures as approved by this Office as well as drainage patterns (including the level spreaders designed for Phases I and II of the Porto Fino Subdivision) must be maintained in perpetuity. No changes to these provisions shall be made without written authorization from the Division of Water Quality. Should a compliance inspection of the diffuse flow provisions on the Porto Fino Subdivision determine that diffuse flow has not been achieved, they will have to be redesigned to the most recent DWQ BMP manual guidelines. 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, water and riparian 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. These documents shall be filed with the Register of Deeds, Johnston County, North Carolina. Walthom Group IV shall submit copies of these documents to the Division of Water Quality before any impacts to protected riparian buffers, wetlands, or waters shall occur. 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 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 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 htt~: //h2o. enr.state. nc. us/su/FormssDocuments. htm. 9. 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 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 10. 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, Porto Fino Residential Subdivision Page 4 of 4 October 10, 2007 Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. ' 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 Lia Myott or Joseph Gyamfi at 919-733-1786. Sincerely, <~ Coleen H. Sullins, Director NC Division of Water Quality CHS/cbk/lem Enclosures: GC 3631 Certificate of Completion cc: USACE Raleigh Regulatory Field Office Lauren Cobb, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Kevin Yates, John R. McAdams Company, 2905 Meridian Pkwy., Durham, NC 27713