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HomeMy WebLinkAbout20030056 Ver 3_Approval Letter_20150625NCDENR North Carolina Department of Environment and Natu�ral Resources M June 25, 2015 AF - Reedy Fork LLC Attn'. Mr. Matt DesVergers 1330 Sunday Dr, Suite 105 Raleigh NC 27607 Subject: Individual 401 Water Quality Certification — Change in Ownership Villages at Reedy Fork Subdivision USAGE Action ID, No. SAW-2003-20436 Dear Mr. DesVergers: 1 114AAFIMITIVIMM Guilford County The Division of Water Resources (Division) issued a 401 Water Quality Certification to Ronald Wilson on March 12, 2004, to place fill in 889 linear feet of perennial stream and 0.198 acres of wetlands and to shade, 331 linear feet of perennial streams associated with the construction of a residential development at The Villages at Reedy Fork Subdivision, Phase 11, in Guilford County. On, May 29, 2015, the Division received your request to transfer the 401 Certification to AF - Reedy Fork LLC, We have reviewed the request and hereby acknowledge transfer to AF— Reedy Fork LLC. All conditions of the certification issued on March 12, 2004 remain applicable. Please contact Sue Homewood at 336-776-9693 or Sue. Horn..e.wooL(jc L1cd1f goy if you have any --- ..... .... questions or concerns. Sincerely, Enclosure - WQ003443 cc: Lee Bryant, Evans Engineering (via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file Filename: l40710v2SappRdSh oppingCenterPhase2(Guilford)-401—IC.docx Divisbiiot Water Resources 401& Buffer PerMiffingUnit 1617 Mai9 Service Center, Rak,,igh, North Cardina 27999.1617' 1.11512 N Salisbury St, RM,eigh, Nwhi Carohr)a 276,04 Phorie! 919-807-6300 1 FAA 9 ) 9-807-6492 Writernp-L www nmaterquahty,org An Equal Oppodu"iiy Affirrdwe Action Einpk yer - Maide in pwii by iecyc6d pape� March 12, 2004 Mr. Ronald' Wilson P.O. Box 10349 Greensboro, NC, 27409 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 Coleen, H. Sullins, Deputy Director Division ofWater Quality Re.. The Villages at Reedy Fork Subdivision, Phase 11, Guilford County DWQ #03-0056; USACE Action ID,. No. 200320436 4 �V �T TA 9 MIA Attached hereto is a copy of Certification No. 3443 issued to Mr. Ronald Wilson, dated October 16, 2,003. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. This Certification replaces the ones issued on October 20, 2003 and February 2, 2004. If we can be of further assistance, do not hesitate to contact as. Sincerely„ Alan W. Klimek, P.E. &LY1724M. Attachments cc: Todd Tugwell, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office Daryl Lamb, DWQ, Winston-Salem Regional Office File Copy Central Files Denise Poulos, 6909 International Drive, Suite 103, Greensboro, NC, 27409 N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919)'733-1786 (phone), 919-7336893 (fax), (http.//h2o.enr.state..Ag.uslnsw! Hands) Mr. Ronald Wilson March 12, 2004 NORTH CAROLINA 4011 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requ:irements of Section 401 Public Laws, 92-500 and 95- 217' of the United States and subject to the North Carolina Division of Water Quality (DWO) Regulations in 15 NCAC 2H, Section .0500 to Ronald Wilson to place fill in 889 linear feet of perennial streams and 0.198 acre of wetlands and to shade 331 linear feet of perennial streams associated with the construction of a residential development at the Villages at Reedy Fork Subdivision, Phase Ii, in Guilford County, North Carolina, pursuant to an application filed on the 12th, day of June of 2003 and in additional correspondence received by the Division on October 7, 2001 This Certification replaces the one issued on October 20, 2003. The application and supporting documentation provides adequate assurance 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 Sections 301, 302, 303, 306, 307 of PL 92 -500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should weticind or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan, revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. Foir this approval to be valid, compliance with the conditions listed below is required..�� Conditions of Certification: 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 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 [eased (borrow pits associated with the project. c. 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. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 2. 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 404/401 Permit Application. 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; 3. 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 data that the Division of Land Resources has released the project; Mr. Ronald Wilson March 12, 2004 Continuina Compllancq: 4. Ronald L. Wilson, shall conduct construction 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. If 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 to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division, shall notify Dockslide, Adventures, LLC and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1,0503 and provide opportunity for public hearing in accordance with 15A NICAC 21-1.0504. Any new or revised conditions shall be provided! to Dockside Adventures, LLC 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; Miti gation 5. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to a fund administered by the INC Ecosystem, Enhancement Program (formerly Wetlands Restoration Program (WRP)) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement, This contribution will satisfy our compensatory mitigation requirements. 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., Mr. Ron Ferrell should be contacted at (919) 733-5208 if you have any questions concerning payment into the EEP. You have one month from the date of approval of the 404 Permit to., make this paymient. For accounting purposes, this Authorization Certificate authorizes payment Into the NC Ecosystem Enhancement Program to meet the following,compensatory,mitigation requirement: Compensatory Mitigation River and Subbaslin Number Required Stream 420 (feet) Wetlands N/A (acres) Waters N/A (aGDDS) Buffers N/A (square feet) The remaining stream Impact was mitigated as part of the Habitat Assessment and Restoration Program, Inc. (HARP) stream mitigation plan (Restoration of a Channelized Tributary to Reedy Fork Creek, Haw River Watershed, Cape Fear Basin, Greensboro area — Guilford Count/ NC) for The Villages at Reedy Fork, Phase I (DV Q Project No. 01- 0382), as described in the Certification issued' October 17,,2001. 6. 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, 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. 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 aggiradation, degradation or significant changes in hydrology of streams or wetlands; I Mr. Ronald Wilson March 12, 2004 Utility Lines: 7. The edge of the construction corridor shall not be installed parallel to and closer than 10 feet (3 meters) to a stream and 25 feet in waters classified as HOW. Utility lines shall not cross a stream channel at other than a near-perpendicular direction (i.e., stream channel' crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to the stream bank); 8. Any wastewater line that crosses any stream shown on the most recent version of the 1.24,000 USGS, topographic map or NRCS (SCS) County Soil Survey as permanent or intermittent shall be installed with no joints connected within the footprint of a stream channel or within 2 feet of the stream banks; 9. Placement of rip rap is restricted to the stream bottom and banks directly impacted by the placement of the utility line. Rip rap may only be used below the normal high water level. The stream cross section, must be restored to its original grade and! elevation. Placement of rip rap or other materials shall not result in de-stabilization of the stream bed or banks upstream of downstream of the crossing; 10. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 'feet (45.7 meters) up the gradient until the utility exits the wetland for buried utility lines. Anti-seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and.less than 150 feet (45.7 meters) long do not require anti-seep collars. The compacted clay shall have a specific discharge of 1 X 10- 5 cm/sec or less. A section and plan view diagram is attached for the anti-seep collars; Stormwater: 11. The following condition shall apply unless it is demonstrated In writing to the satisfaction of"this Office that the impervious area of the entire, built-out project shall be less tham30% and that there are no areas of concentrated impervious area over 30% within the project such as, but not limited to, commercial areas, multi-family, clubhouses, maintenance areas, etc. An additional condition 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 before the impacts specified in this Certification occur per Condliftion No. 4 in GC No. 3402. The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class C and designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These 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 is occupied at the subject 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 structural stormwater practices as approved by thiis. Off ice 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. A Stale Stormwater Permit (15 A NCAC 2H'.1 000) can be considered to meet this condition. T* M 12. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 13,. Waste or borrow sites shall not be located in streams or wetlands; 14. The use of pesticides, herbicides, fertilizers and cleaners near or over open waters shall be avoided to the extent practical; Fl 15. 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/Wet�lands Unit web site at http://h2o.enr,state,nc.us/ncwetlands. 16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids and other toxic materials; 17. Upon completion of the project, the Applicant shall complete and return the enclosed "Cerfificate of Completion" form to notify the Division 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/Wetlan'ds Unit of the NC Division of Water Quality upon completion of the project. Photographs upstream and downstream of each culvert site must be included to document correct installation along with the Certificate of Completion fonts; 18. Violations of any condition herein set forth may result in revocation of this, Certification and may result in criminal and/or civil penallties; 19. This Certification shall expire upon expiration of the 404 Oermit, I If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon wriften,irequ6st within. sixty (60) days following receipt of this Certification. This request must be in the form of a written petition 'conforming to Chapter 1508 of the North Carolina General Statutes and filed with the Office of Adminjstrdfjve Hearings, 6714 Mail Service'Center, Raleigh,"N.C. 2769,9-6714. If modifications are made to an origftl Certification,, you have the right to an adjudicatory hearing on the modifications upon written request,within sixty (60) days following receipt 61 the' Certification. Unless such demands are made, this Certification sha4t:ber-final and binding. This 'the 12th day of March 2004 DIVISION OF WATER QUALITY Alan W. Klimek, P.E. 3443 LV1rk1r1QfA*1 0