Loading...
HomeMy WebLinkAbout20050949 Ver 3_Approval Letter_20150320RCDENR North Carolina Department of Environment and Natural Resources March 20, 2015 Partner's Equity Group Attn: Mr. John Shallcross, Jr. P 0 Box 1524 Smithfield, NC 27577 Donald R. van der Vaart Secretary DWR # 05 -0949 V3 Johnston County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions - Modification Lots 18 and 19 Partners Equity Group Commercial Subdivision USACE Action ID. No. SAW- 2007 -04137 Dear Mr. Shallcross: Attached hereto is a copy of Certification No. 3761 issued to John Shallcross, Jr. and Partner's Equity Group, dated March 18, 2015. This Certification replaces the Certification issued on December 20, 2012. This version reflects a change in the project plan that does not change the impact footprint that was previously approved. Additionally, the wetland impact area and wetland area to be preserved on -site were revised based on a recent survey that indicated these area are less than was previously stated and approved. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at tit : www.ricor 2 i..corn or by calling the OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during DrOs�on of Water Resources 401 & Buffer Permitting Unit 1517 Mad Service Center, Raleigh, North Carolina 27599 -1517 Locatiom 512 N Salisbury St, Raleigh, North Carolina 27504 Phone: 919 -807 -6300 \ FAX: 919 -807 5492 lrtemet: wwuww.rxwaterqualry org An Equal Opportunity 1 Affirmabve Actft n Employer -- Made in part by recyded rapr;r Partner's Equity Group 0mR#O5-0949V3 Individual Certification #3761 Page 2 of 7 nmnna| office hours (Monday through Friday between 8:00arn and 5:00nnm, excluding official state holidays). The petition may be faxed tothe OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via LS Postal Service: If sending via delivery service (UPS,fcdfx,etc): Office of Administrative Hearings Office of Administrative Hearings 67l4 Mail Service Center 17lI New Hope Church Road Raleigh, NC27688-6714 Raleigh, NC27GO9-6285 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1GOl Mail Service Center Raleigh, NC27699-IOO1 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and l5AN[ACO2H.O5OO. Contact Jennifer Burdeteat8l9-8O7-G3G4or OrCherriSmith at9l9-791-4251Or cherri.srnitl icderlE.Lo if you have any questions or concerns. cc: F. Bryan Brice, Jr, Law Offices of F. Bryan Brice, Jr., 127 W. Hargett St Ste 600. Raleigh, NC 27601 USACERa|eigh Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DVVRRRU4OIfile DVVR4O1 /& Buffer Permitting Unit file Filename: 050949V3PartnersEquityGrnupSD(Johngon[_401/C_Mod.docx Partner's Equity Group DWR# 05-0949 V3 Individual Certification #3761 Page 3 of 7 70 CERTIFICATION #3761 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500, to John Shallcross, Jr and Partner's Equity Group, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on December 7, 2007 and subsequent information on May 6, May 29, July 16, August 20, September 12, and October 9, 2008; October 30, 2012; November 1 and December 18, 2012; and January 30, 2015; and by Public Notices issued by the U. S. Army Corps of Engineers and received by the Division on December 21, 2007 and February 9, 2015. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands 1.68 (acres) 0 (acres) 2. Compensatory Mitigation Mitigation must be provided for the proposed wetland impacts (1.68 acres) as described in the Compensatory Mitigation Plan for Partner's Equity Group — Lots 18/19 Project, dated November, 2012 and revised January 28, 2015. Impacts are to be offset by 0.447 acre of on-site wetland (pine flat) preservation, and 30.925 acres of wetland preservation (headwater and bottomland hardwood forest) at Rudolph Mitigation Site, located off Brogden Road in Johnston County, located adjacent to Moccasin Creek and with the Neuse River watershed (HUC 03020201). The offsite mitigation is to be protected in perpetuity by a Conservation Easement held by the North Carolina Wildlife Habitat Foundation. [15A NCAC 02B .0506(h)] Partner's Equity Group DVVR#OSf]949V3 Individual Certification #3761 Page 4of7 Stormwater Management Plan The final, written stOnnvvater management plans (including a Signed and notarized Operation and Maintenance Aere8nment\, final version received October 9, ZOOQ, must be implemented and the 5tOrnnvvater management facilities shall be constructed and operational before any permanent building i5 occupied at the subject site. The structural StOrrnvv@ter practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. NO changes tOthe structural StDrDnvvater practices 5h8U be made without written authorization from the Division. [15A NCAC 02B. .0506(b)(5)] 4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, 0r riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification for this project. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. [15ANCACO2H.D5Ol and .O5O3] 5. Sediment and Erosion Control 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. |f applicable, the project must comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site and the following requirements [15A0[AC03H .0506(b)(3) and /c>(3)l: a. 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 Ofthe 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. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient nn8teh8|s required for stabilization and/Or repair oferosion control measures and stormwater routing and treatment shall be on site at all times. Partner's Equity Group 0NR#O5-09490 Individual Certification #376l Page Sof7 6. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. |f 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, stream beds, or banks, adjacent toor upstream and downstream of the above structures. All sediment and erosion control devices shall beremoved and the natural grade restored within two /2\ months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. [15ANCA[02H .O5O1 and .O5O2] T Construction Stormwater Permit NCGO10000 An NPDES[onstruotkon Stonmvxater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stornnvvaterto be discharged during land disturbing construction activities asstipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements isrequired. A copy ofthe general permit /yJ[GOl000]\, inspection log sheets, and other information may be found at: . 15ANCACO2H.OSOG(b)(5\and 8. Work in the Dry All work inor adjacent tostream waters shall be conducted yo that the flowing stream does not come in contact with the disturbed 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. [15A N[ACO2H.O5O6/bV3) and (c)i3U 9. U concrete isused during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/fish kills. [15AN[ACO2B.0200] 10. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)] Partner's Equity Group DWR#O5-0949V3 Individual Certification #376I Page 6of7 11. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined inthe most recent edition Of the North Carolina Sediment and Erosion Control Planning and Design Manual so as not to restrict stream flow orcause di5-equilibrium. [15A NCACQ2H .0506(b)(2\ 12. Anyhprap required for proper culvert placement, stream stabilization, Or restoration Of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All ripn8pshall b8 buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement ofriprap or other approved materials shall not result in cle-stabilization of the stream bed or banks upstream Or downstream of the area. [15ANCACO2H.0506(b)(2)] 13. Any hprap used for stream stabilization shall beofa size and density tn prevent movement 6v wave action, current action, or stng3rn flOvvS and consist of clean rock or masonry rnateh3| free Of debris or toxic pollutants. Riprap shall not be installed in the streonnbed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] 14. A one-time application of fertilizer to re-establish vegetation is 8|kJxv8d in disturbed areas including riparian buffers, but is restricted tono closer than 1O feet from top Vf bank nf streams. Any fertilizer application must comply with all other Federal, State and Local regulations. [I5AN[ACO2B.0231] 15. This Certification does not relieve the applicant Of the responsibility tD obtain all other required Federal, State, or Local approvals. 16. Continuing Compliance JohnShal|croS5 ]r and Partner's Equity Group shall conduct construction activities inJ manner consistent with State water quality standards /including any requirements resulting from compliance with section 3O3(d) Ofthe Clean Water Act) and any other appropriate requirements of State and Federal law. [15ANCACO2B.0200] |f the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify John Shallcross, Jr and Partner's Equity Group and the U.S. Army Corps of Engineers, provide public notice in accordance with I5ANCA[O2H.O5O3 and provide opportunity for public hearing in accordance with 25A N[ACO2H.O5O4. Any new Or revised conditions shall be provided to John Shal|cnJ55,]rand Partner's Equity Group in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant tO Section 4O4ofthe Clean Water Act, and shall also become conditions of the 4O4 Permit for the project. Partner's Equity Group 0NR#U5-0949V3 Individual Certification #3761 Page 7of7 17. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project aneincorpora1ed by reference and are an enforceable part of the Certification. |f you change your project, younnustnotif» the Division and you may be required to submit a new application package with the appropriate fee. |f the property is sold, the new owner must be given a copy ofthis Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. [25ANCACO2H.O5UIand 18. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DVVR4O1& Buffer Permitting Unit within ten days of project cmrnp|etion /av3ilable3t: ). 19. This certification grants permission to the director, an authorized representative of the Director, orDENRstaff, upon the presentation of proper credentials, to enter the property during normal business hours. [15ANCACO2H.0502(e)l 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. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15/\N[ACO2H .0507(d)(2) and 15ANCA[ Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties.