HomeMy WebLinkAbout20071903 Ver 3_Approval Letter_20150826F', A
r
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 26, 2015
Bill Clark Homes of Greenville, LLC
Attn: Mr. Landon Weaver
200 East Arlington Boulevard
Greenville, NC 27858
Donald R. van der Vaart
Secretary
DWR # 07 -1903 V3
Pitt County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
APPROVAL OF TAR - PAMLICO RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Brandy Creek South — Section 2
Dear Mr. Weaver:
You have our approval for the impacts listed below for the purpose described in your application dated July
6, 2015 and received by the Division of Water Resources (Division) on July 15, 2015 with sequent
information received on August 20, 2015. These impacts are covered by the attached Water Quality
General Certification Number 3886, Tar - Pamlico River Riparian Buffer Rules, and the conditions listed
below. Please note, this buffer authorization supersedes the previous buffer authorization issued on
November 25, 2008 under DWQ Project no. 07 -1903 V2. This certification is associated with the use of
Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. Please note
that you should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply
Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit
and the following additional conditions:
1. 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) and 15A NCAC 02B .0259]
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252- 946 -6481 1 Fax: 252-975-3716\ Internet: www.ncdenr.gov
An Equal ODporturury l Affimna�ve Action Employer- Made in part by recycled paper
3. If any erosion problems are observed in the surface waters downslope of the stormwater
discharge points, then you shall immediately repair and correct the problem and prevent
further damage and sediment discharge to the receiving surface waters. Please be aware
that these repairs may require you to obtain a 404 Permit from the Corps and a 401
Certification from the Division. [15A NCAC 02H .0506(b)(5)]
4. Water Qualitv Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3886. [15A NCAC 02B .0507(c)]
5. Wetland Boundary Protective Fencing
The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange
warning fencing (or similar high visibility material) to protect the remaining wetlands onsite
from being impacted. This shall be done during the initial stage of construction. 15A
NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
6. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 02B .0211 (k). Appropriate sediment and erosion control practices
must be used to meet this standard. [15A NCAC 02B .0211 (k)]
Bill Clark Homes of Greenville, LLC
Attn: Mr. Landon Weaver
DWR# 07 -1903 V3
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved Amount Plan location/
(units) Approved (units) Reference
Permanent Temporary Attached
401/404 Wetlands
W -1
0.09 (acres) 0 (acres)
W -2
0.04 (acres) 0 (acres) Sheet 2 of 2
W -3
0 (acres) 0.007 (acres)
Total 401/404
0.13 (acres) 0.007 (acres)
Wetlands
Stream
S -1
118 (linear feet) 0 (linear feet) Sheet 2 of 2
Buffers
Square Feet Square Feet
B -1
7,224 (Zone 1) 0 (Zone 1) Sheet 2 of 2
2,881 (Zone 2) 0 (Zone 2)
2. This approval is for
the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions.
[15A NCAC 02B .0507(d)(2)]
3. If any erosion problems are observed in the surface waters downslope of the stormwater
discharge points, then you shall immediately repair and correct the problem and prevent
further damage and sediment discharge to the receiving surface waters. Please be aware
that these repairs may require you to obtain a 404 Permit from the Corps and a 401
Certification from the Division. [15A NCAC 02H .0506(b)(5)]
4. Water Qualitv Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3886. [15A NCAC 02B .0507(c)]
5. Wetland Boundary Protective Fencing
The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange
warning fencing (or similar high visibility material) to protect the remaining wetlands onsite
from being impacted. This shall be done during the initial stage of construction. 15A
NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
6. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 02B .0211 (k). Appropriate sediment and erosion control practices
must be used to meet this standard. [15A NCAC 02B .0211 (k)]
Bill Clark Homes of Greenville, LLC
Attn: Mr. Landon Weaver
DWR# 07 -1903 V3
401 AND BUFFER APPROVAL
Page 3 of 5
7. The Permittee shall replant the vegetation within temporarily disturbed areas associated
with this project in an "in kind" manner immediately following construction. (Example:
Disturbed areas with pre- existing grassed lawns must be replanted with grass. Disturbed
areas with pre- existing trees or woody vegetation must be replanted with trees and woody
vegetation. Disturbed areas with pre- existing forest vegetation must be replanted with
forest vegetation including at least two different native hardwood tree species at a density
sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by
planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.)
Restoration of trees /shrubs /forest must be completed by the first subsequent planting
season (November 1 through March 30). Note, if the tree plantings do not survive, they
will need to be replaced such that the density is sufficient to provide 320 trees per acre at
maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0259
(6)]
8. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional
Office at 252.946.6481 and after hours and on weekends call (800) 858 -0368.
Management of such spills shall comply with provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC
02B.0200 (3)(f), and GS 143 Article 21A]
9. Re Opener Clause
Bill Clark Homes of Greenville, LLC and their authorized agents shall conduct their 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. Bill Clark Homes of Greenville, LLC
shall require their contractors (and /or agents) to comply with all of the terms of this
Certification, and shall provide each of their 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. If DWR 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,
DWR 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, DWR shall notify Bill Clark Homes of
Greenville, LLC 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 DWR 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.
Bill Clark Homes of Greenville, LLC
Attn: Mr. Landon Weaver
DWR# 07 -1903 V3
401 AND BUFFER APPROVAL
Page 4 of 5
10. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC 27699 -1650. [15A NCAC 02H
.0507 (c)]
11. The applicant and /or authorized agent shall provide a completed Certificate of Completion
form to the Division within thirty (30) days of project completion (available at
httD: / /r)ortal.ncdenr.orR /web /wo /swo /ws/ 401 /certsandDermits /aooly /forms). [15A NCAC
02H .0506(b)(5)]
12. Within 60 days of completion of construction, as -built drawings (which can be shown on an
aerial or done as a survey) shall be submitted to both the Division of Water Quality, 401 &
Buffer Permitting Unit, 1617 Mail Service Center, Raleigh NC 27699 -1617 and to the
Washington Regional Office. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c) (2)]
13. This approval and their conditions are final and binding unless contested. [G.S. 143- 215.5]
These Certifications 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). A petition form may be obtained from the OAH at htto: / /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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 normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding
official state holidays).
The petition may be faxed to the 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 US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam H. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Bill Clark Homes of Greenville, LLC
Attn: Mr. Landon Weaver
DWR# 07 -1903 V3
401 AND BUFFER APPROVAL
Page 5 of 5
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water and Tar - Pamlico
Buffer Rules. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbrauKh @ncdenr.gov if
you have any questions or concerns.
Sincerely,
--Zj-x
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC 3886
Certification of Completion
cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Unit (Laserfiche)
File
Pat McClain, DELMR WaRO (via email)
Richie Brown, PE, Stroud Engineering, PA (via email: rbrown @stroudengineer.com)
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ZONE LINE
L 50'RIPARIAN BUFFER
Il"ACT AREA 1
WETLANDS E"-&Cr SUADURY
WETLANDS IMPACT AREA 1 -3727 SF(O09 AC)
WETLANDS IMPACT AREA 2 -1,560 SF(0.04 AC)
(IF NEEDED)
WETLANDS IMPACT AREA 3 -317 SF 10.007 AC)
TOTAL WETLANDS IMPACT AREA 3 -5604 3F IO.t37 AC1
XT NO.: P�50e -oo,
ING NO.: oev e e
WETLANDS
II
WETLANDS BOUNDARY
vo R 0 vo 40
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our
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(WETLANDS IMPACT -1,660 SF
LVr f
J
IMPACT
IMPACT AREA 3
SAM
1
(4m NDS BOUNDARY
IF
LREA 2
CARY
REVISIONS
EDS IMPACT -317 SF (0.007 ACII
v � SEAL
t 28816
A P.E.
a WLNNO 9roNx. a.E.
WETLANDS IMPACT AREAS 1,2 AND 3
BRANDY CREEK SOUTH
SECTION 2 PHASES I AND 2
corm Tnwxcw mn .11 x Th CKaLNA
OWNER: BILL CLARK HOMES DESIONEDr RAM
OF GREENVILLE
ADDRESS: wellmvo. SAM' 0,
PHONE: 1262151 -04ixo APPROVED:RM
/s \STROUD ENGINEERING, P.A. DATE:61312015
�Y /1 tore me[^c[ im¢r SCALE: 11440d
P[aNYI Ian CY6rX^ unto
a axI rfa -ffss r�� e.r�r SWEET 2 OF 2
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x
1
T I
ZONE LINE
L 50'RIPARIAN BUFFER
Il"ACT AREA 1
WETLANDS E"-&Cr SUADURY
WETLANDS IMPACT AREA 1 -3727 SF(O09 AC)
WETLANDS IMPACT AREA 2 -1,560 SF(0.04 AC)
(IF NEEDED)
WETLANDS IMPACT AREA 3 -317 SF 10.007 AC)
TOTAL WETLANDS IMPACT AREA 3 -5604 3F IO.t37 AC1
XT NO.: P�50e -oo,
ING NO.: oev e e
WETLANDS
II
WETLANDS BOUNDARY
vo R 0 vo 40
ER,m IC SCLLE, 1 -20'
W
our
l�
(WETLANDS IMPACT -1,660 SF
LVr f
J
IMPACT
IMPACT AREA 3
SAM
1
(4m NDS BOUNDARY
IF
LREA 2
CARY
REVISIONS
EDS IMPACT -317 SF (0.007 ACII
v � SEAL
t 28816
A P.E.
a WLNNO 9roNx. a.E.
WETLANDS IMPACT AREAS 1,2 AND 3
BRANDY CREEK SOUTH
SECTION 2 PHASES I AND 2
corm Tnwxcw mn .11 x Th CKaLNA
OWNER: BILL CLARK HOMES DESIONEDr RAM
OF GREENVILLE
ADDRESS: wellmvo. SAM' 0,
PHONE: 1262151 -04ixo APPROVED:RM
/s \STROUD ENGINEERING, P.A. DATE:61312015
�Y /1 tore me[^c[ im¢r SCALE: 11440d
P[aNYI Ian CY6rX^ unto
a axI rfa -ffss r�� e.r�r SWEET 2 OF 2