20050736 Ver 1_Approval Letter_20060207

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 7, 2006
Certified Mail
Return Receipt Requested
Heritage Pines Subdivision
Heritage Pines LLC
i Attn: Mr. Mark Miller
3500 Regency Parkway
Cary, NC 27511
Re: Heritage Pines Subdivision, Heritage Pines LLC
Wake County, North Carolina
DWQ Project No. 2005-0736;
US Army Corps of Engineers Action ID No. 200520456
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Sirs:
Attached hereto is a copy of Water Quality Certification No. 3560 issued to Mr. Mark Miller of
Heritage Pines LLC dated February 7, 2006. This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. If we can be of
further assistance, do not hesitate to contact us.
Sincerely,
n
Alan W. Klimek, P.E., Director
Division of Water Quality
Attachments
cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
DWQ, Raleigh Regional Office - Ken Schuster
DWQ, Raleigh Regional Office - Eric Kulz
File Copy
NPS Assistance and Compliance Oversight - Danny Smith
Central files
Soils and Environmental Consultants, Attn: Bob Zarzecki, P.E.
11010 Raven Ridge Road, Raleigh, NC 27614
Ecosystem Enhancement Program
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone] / Internet http:!,"h2o.enr.state.ne.us.!newetlands
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Heritage Pines LLC
February 7, 2006
Page 2 of 7
This 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 to Heritage Pines LLC, resulting in the
discharge of earthen fill, culverting, side casting and/or the excavation of 2.262 acres of wetlands
and waters, 297 linear feet of streams and 23,001 square feet of riparian buffers associated with
the construction and expansion of the existing development known as Heritage Pines Subdivision
in Wake County, North Carolina. This Certification is issued pursuant to the application in the
form of the US Army Corps of Engineers' Public Notice received on the 12th day of May, 2005
and the amendments/additions to the application that include the US Army Corps of Engineers
and North Carolina -Division of Water Quality Individual Permit Application by Heritage Pines
LLC for the Heritage Pines Subdivision, Wake County, North Carolina dated May 2, 2005 and
the additional information responses from Soils & Environmental Consultants (S&EC), PA dated
January 13, 2006 and February 2, 2006. Additionally, this Certification satisfies the "after-the
fact" permitting requirements for impacts associated with the construction of Heritage Pines
Subdivision depicted in the May 2, 2005 application. This Certification replaces the
Certification issued to Heritage Pines dated August 8, 1999, (DWQ Project No. 1999-0016).
The application provides adequate assurance, coupled with the below listed conditions, that the
proposed work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore the State of North Carolina certifies that this activity will not violate the
applicable portions of Section 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted
in accordance with the application and conditions hereinafter set forth. '
This approval is only for the purposes and design that you submitted (and modified) in your
application in the form of the Corps of Engineer's Public Notice received on the 12th day of
May, 2005, amendments/additions to the application that include the US Army Corps of
Engineers and North Carolina -Division of Water Quality Individual Permit Application by
Heritage Pines, LLC for Heritage Pines Development, Wake County, North Carolina dated May
2, 2005, the additional information response from Soils & Environmental Consultants, PA dated
January 13, 2006 and as conditioned below. If you change your project, you must notify the
Central Office of Division of Water Quality in writing and may be required to send the Central
Office of the Division of Water Quality an application for a new certification. If Heritage Pines
Subdivision is sold or the if the name of the company is changed, or the property is sold, you
must notify the Central Office and the Raleigh Regional Field Office of the Division of Water
Quality in writing, and the new owner(s) of the company and/or property must be given a copy
of the Certification, approval letter, all necessary supplementary information detailed in the
application subsequent amendments, and is thereby responsible for complying with all conditions
of this Certification. Should wetlands impacts or fill be requested in the future, additional
compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h)(6) and (7).
You must follow the conditions. listed below. In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) an approved
Erosion and Sediment Control permit and a USACE 404 Permit.
Heritage Pines LLC
February 7, 2006
Page 3 of 7
Conditions of Certification: .
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific conditions
of this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or
Reference
Stream 297 (feet) Heritage Pines Overall
Map, Attachment 2 -
Jan. 13, 2006, letter from
S&EC
404 Wetlands 1.56 (acres) riparian Heritage Pines Overall
wetlands Map, Attachment 2 -
0.702 (acres) non-riparian Jan. 13, 2006, letter from
wetlands S&EC
Buffers Zone I - 15,391 (sq. ft.) Heritage Pines Overall
Zone II - 7,610 (sq. ft) Map, Attachment 2 -
Jan. 13, 2006, letter from
S&EC
Nitrogen Offset 84.04 lbs/yr Heritage Pines Overall
2. 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) 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), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at [phone] 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:
Compensatory Mitigation Required River and Sub-basin
Number
Stream 297 (feet) Stream Index #27-33-(1)
Wetlands Riparian wetlands 3.12 ac.
Non-riparian Wetlands 1.4 ac.
Buffers Zone I - 46,173(sq. ft.)
Zone II -11,415 (s q. ft.
Nitrogen 84.041bs/yr @ $330.00 =
Offset $27,733.20
Heritage Pines LLC
February 7, 2006
Page 4 of 7
3. An additional condition of the Certification is that a final, written stormwater
management plan (including a signed and notarized Operation and Maintenance
Agreement) shall be approved in writing by this Office. This information must be
provided to DWQ and a written approval must be secured.
Within 90 days of the date of this Certification, a written stormwater management plan
(including a signed and notarized Operation and Maintenance Agreement) shall be
submitted to this Office. This information must be provided to DWQ and a written
approval must be secured. The stormwater management plan must include plans and
specifications for stormwater management facilities that are appropriate for surface
waters classified as Class C, NSW in the Neuse River Basin.
a. Within 90 days of the date of this Certification, stormwater plans and details must be
provided for Level Spreader and/or scour holes for Outlets E, F, O, P, Q, R, T, U, and
Y (as depicted in the Jan. 13, 2006, additional information letter from S&EC). These
measures must be specifically and clearly included in a signed and notarized
Operation and Maintenance Agreement.
b. Within 90 days of the date of this Certification, stormwater plans and details must be
provided for Pocket wetlands for Outlet H (as depicted in the Jan. 13, 2006, additional
information letter from S&EC). This measure must be specifically and clearly
included in a signed and notarized Operation and Maintenance Agreement.
c. Within 90 days of the date of this Certification, stormwater plans and details must be
provided for the Energy Plunge Pool Outlet I (as depicted in the Jan. 13, 2006,
additional information letter from S&EC). This measure must be specifically and
clearly included in a signed and notarized Operation and Maintenance Agreement.
A Within 90 days of the date of this Certification, plans and details must be provided for
the Wet Detention Basin followed by Level SpreaderNegetated Filter Outlet S (as
depicted in the Jan. 13, 2006, additional information letter from S&EC). This measure
must be specifically and clearly included in a signed and notarized Operation and
Maintenance Agreement.
e. Within 90 days of the date of this Certification, the above mentioned signed and
notarized Operation and Maintenance Agreement must address Outlets J, L, M, and N
that were already determined to be achieving diffuse flow (as depicted in the Jan. 13,
2006, additional information letter from S&EC).
f. The final written stormwater management plan (including a signed and notarized
Operation and Maintenance Agreement) approved in writing by this Office must be
fully implemented within 180 days of approval.
g. The structural stormwater practices as approved by this Office as well as drainage
patterns must be maintained in perpetuity. No changes to the structural stormwater
Heritage Pines LLC
February 7, 2006
Page 5 of 7
practices shall be made without written authorization from the Division of Water
Quality.
4. Riparian Buffers. As depicted in the January 13, 1006, additional information letter
from Soil and Environmental Consultants, Heritage Pines LLC, must establish a 50-foot
riparian buffer (on each side of the stream) for intermittent and perennial streams such
that building, grading, and the removal of woody plants within the riparian zone is
prohibited. A conservation easement, deed restrictions or additional Article/Restrictive
Covenant to the Declaration of Covenants for Heritage Pines Subdivision must be
maintained in perpetuity where protection is provided to all streams and riparian areas as
depicted in the map labeled: "Heritage Pines Overall, Attachment 2" by Hugh J. Gilleece
and Associates and dated March 23, 2005. This requirement excludes wetlands, streams
and riparian areas authorized for impacts in accordance with this 401 Water Quality
Certification/Authorization Certificate.
Heritage Pines, LLC, must establish the deed restrictions, conservation easements, or
additional Article/Restrictive Covenant to the Declaration of Covenants for Heritage
Pines Subdivision and a copy must be provided to the North Carolina Division of Water
Quality, Raleigh Regional Office within 90 days of issuance of this Certification. These
riparian (stream-side) areas must remain in a Conservation Easement, under a protective
deed restriction, or covered by an additional Article/Restrictive Covenant to the
Declaration of Covenants for Heritage Pines Subdivision. Heritage Pines LLC must
maintain the Conservation Easement, deed restrictions, or restrictive covenant as long as
it owns the Heritage Pines Subdivision development and transfer the conservation
easement, deed restrictions, or restrictive covenants and its requirements to any future
owners, trustees executors or other agents including any Home Owners Association
within the subject subdivision.
5. If the US Army Corps of Engineers (USACE) 404 permitting requirements inhibit full
compliance with the 401 Water Quality Certification, you must request a modification of
the 401 Water Quality Certification. If the USACE requirements are less stringent than
those depicted in this 401 Water Quality Certification, the conditions of this 401
Certification are binding.
6. During any future additional site development efforts Heritage Pines, LLC must fully
comply with the requirements included in the National Pollution Discharge Elimination
Systems (NPDES) stormwater permit (NCGO10000) for construction sites.
7. Erosion and Sedimentation Control. Heritage Pines, LLC agrees that during stormwater
control measure installation or retrofits, and during any future site development
activities, they will take the following actions:
a. Within 90 days of signature date of this Certification, Heritage Pines, LLC will
request modification of any current or existing erosion and sedimentation control
plans in order to meet or exceed current NC Division of Land Resources
Heritage Pines LLC
February 7, 2006
Page 6 of 7
(hereinafter "DLR') minimum design standards to accommodate/properly address
any changes necessary to the approved the Erosion and Sedimentation Control
Plan such that stormwater measure installation and/or site stabilization may
proceed.
b. Heritage Pines, LLC must use erosion and sedimentation control best
management practices in full compliance with all specifications governing the
proper design, installation, operation and maintenance of such practices.
C. Heritage Pines, LLC must comply with the requirements of the Sedimentation
Pollution Control Act (SPCA), including designing, installing, operating, and
maintaining erosion and sedimentation control measures in accordance with the
most recent version of the North Carolina Erosion and Sedimentation Control
Manual.
d. Heritage Pines, LLC. must fully comply with the requirements included in the
National Pollution Discharge Elimination Systems (NPDES) stormwater permit
(NCGO10000) for construction sites.
e. Heritage Pines, LLC will conduct all construction activities, including the design,
installation, operation, and maintenance of erosion and sedimentation control best
management practices, such that no violations of state water quality standards,
statutes, or rules will occur.
No unauthorized waste, spoil, solids, ditching or fill of any kind may occur in wetlands,
waters, streams or riparian areas.
9. Upon completion of all work approved within the 401 Water Quality Certification and
any subsequent modifications, the applicant is required to return the attached certificate
of completion to the North Carolina Division of Water Quality, Raleigh Regional Office
and North Carolina Division of Water Central Office at 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
10. Heritage Pines, LLC and its authorized agents shall conduct its activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. Heritage Pines, LLC. shall require its
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification. A copy of
this Certification shall be included in the construction contract and available on the job
site at all times.
Heritage Pines LLC
February 7, 2006
Page 7 of 7
If DWQ determines that 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, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification,
DWQ shall notify Heritage Pines, L.L.C. and the US Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to
:Heritage Pines, L.L.C. in writing, shall be provided to the United States Army Corps of
Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and
shall also become conditions of the 404 Permit for the project.
Violations of any conditions herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within the sixty (60) days following the receipt of this
Certification. This request must be in the form of a written petition conforming to Chapter 150B
of the North Carolina General Statures and filed with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications
upon are made to an original Certification, you have right to adjudicatory on the modifications
upon written request within sixty days following receipt of the Certification. Unless such
demands are made, this Certification shall be final and binding.
This the 7"' day of February 2006
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
DWQ Project No. 2005-00736