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HomeMy WebLinkAbout20061139 Ver 1_Fax_20060818SENDING CONFIRMATION DATE AUG-18-2006 FRI 09:41 NAME DWQ-WETLANDS TEL 9197336893 FILE C6~ ~ PHONE 95566672 PAGES : 5~5 START TIME : AUG-18 09:40 ELAPSED TIME O1'15" MODE : ECM RESULTS : OK FIRST PAGE OF RECENT DOCUMENT TRANSMITTED... ~~OF fNA r~9~ MrcheelF Firle:~. r3oremw ~ Wia:am v. Ress lr.. Gecwry r NmIR Carohna DryarRSKnt n: Fmimnmcnt vq Nmnl Rc+,urccs 7 y n Y flan w Klhnk, F.P,. r>itttv. D,nnon of wvler (juahy EXPRESS PERMIT REVIEW PROGRAM Aivisivn v[ Water Quality bepartmeot of Envirolalalental and Natural Resources 401 OverslghtlExpress Review Permitting Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Dtail Service Center Raleigh, NC 27499-I b50 Conhet Information: Phone ~: 919-733-0203 Fan #: 919-733-6893 Fax To: Debbie Edwazds, S&EC Fax #: 846-9467 James Adams, Sr. 556-6672 Subject: 1'he vb'oods of Blair Hill Subdivision Date: August 1$, 2006 Number of pages including cover sheet: Notes or special instrncHnns: ~t og~joal will bq seFrt in the mail If you have questions. please contact Cynthia Van D~ Wiele a[ 919-715-3473 Na6thCyplina Apl UvanRRV[Knms. Rcs+c+v I'efmillll» lJn,l 165D Mnll 4pn'1cC CMM, WJeiph, Nmt;, <'vnlina T~F9a11SU1 1)11 CnbRas UoulevaN. tiuia 350, RatslM. Nn~h Cxmli.u 1'r Ak FM,v iolol n a.l'Ne! F'e. lal sl'~" 1hR91 mra.m. htro+.'~nlyaaca>IC.a.ue;!nu:e~.l.:~,l. nn[auMC9w~u~~nm~~,+e rrwn FinMewr-.,o°ta vosaiL%cosllcnm.rerRaze. SENDING CONFIRMATION DATE AUG-18-2006 FRI 09:38 NAME DW~WETLANDS TEL 9197336893 PHONE : 98469467 PAGES : 5~5 START TIME : AUG-18 09:37 ELAPSED TIME : 01'16" MODE : ECM RESULTS : OK FIRST PAGE OF RECENT DOCUMENT TRANSMTTTED... aQF W fi I-r'[i Mitfi~ft (. FaJry. C vcmm I OS wild. T G kMC h ,YCrelery ~ VorN CervAne Onput6xat Of F1MranrSTl and MtNMI Rest~lscn ~ y C .~ nlm k'. Klimek, P.E. fNrscmr n1V~.519n M N'aLw Qival! EXPRESS PERNII'l' REVIEW PROGRAM Division of Water Quality Department of Environmental and Natural Resources 401 Overslght/Express Review Permitting Unit Street Address: 2321 (labtrne Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailio$ Address: 1650 Mail Service Ctxiter Raleigh, NC 27699-LG50 Coutacl information: )~[pne #: 919-733-0203 Fax X: 919-733-G89? Fax To: Ikbbic Edwatds, S&EC Fax #: 846-9467 James Adams, St. 556-6672 Subject: The Woods of Blair Hill Subdivision Date: August 1$, 2006 Number of pages iociuding cover sheet: Notes or special iustructirons: 'I1i.e original will be sent in the mail. If you have questions, please contact Cynthia Ven Chr Wiele at gJ.9-715-3a~3 a<`I P-n ciAln'F_apm. acvicw rrrmiltinY Uni: 16X MNI [evkc f'rn¢r, Raki~, Vlor+h GroIMa 7)699-1616 :!tl Cnhk¢ pw1m:W. Svik id6, WNrh North f:amhm STRM mic Ml9t T1? tvlm/,nr f919t ii?~.x9! :tnlmMl 61,@::L:c,:n ~. c'ny r>sly{ _As An Eplal OppnvApu'ARlrmtho A~pn EIf016Y91- 6a"# RegpwN1096 Pool C9M1NmC~ Papa ~Q~ w A rE~Q Michael F. Easley, Governor ,!{~ 'T ~i William G. Ross Jr., Secretary fq r North Carolina Department of Environment and Natural Resources ~ --I © "~ - = - .~ Alan W. Klimek, P.E. Director - -_.r Division of Water Quality EXPRESS PERMIT REVIEW PROGRAM Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Express Review Permitting Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone # Fax #: 919-733-0203 919-733-6893 Fax To: Debbie Edwards, S&EC James Adams, Sr. Subject: The Woods of Blair Hill Subdivision Number of pages including cover sheet: Notes or special instructions: Fax #: 846-9467 556-6672 Date: August 1$, 2006 The ori>;inal will be sent in the mail. If you have questions, please contact Cynthia Van Der Wiele at 919-715-3473 NO,~~,Carolina ,~'lTflll'll~~J~- 401 Oversight/Express Review Permitting Unit 1650 Mai] Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 /Fax (919) 733-6893 Internet: http:iih2o.enrstate.nc.usrnctive[lands An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper o`'~~ WATF9pG ~ r CD 'C 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 August 18, 2006 DWQ Project # EXP 06-1139 Wake County Millridge Companies Incorporated Attn: Mr. James M. Adams, Sr. 818 S. White Street Wake Forest, NC 27587 Subject Property: The Woods of Blair Hill Subdivision Buffalo Creek & UT to Buffalo Creek [030406, 27-57-16(3), C, NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Mr. Adams: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 151 linear feet of stream, 8,428 square feet (ft) of protected Zone 1 Neuse River basin riparian buffer and 6,512 square feet (flz) of protected Zone 2 Neuse River basin riparian buffer, and 0.03 acres of wetland for the purpose of constructing the residential subdivision, as described within your Pre-construction Notification Application dated August 15, 2006 and additional information received on August 18, 2006. The impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) NW39 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 the modifications to your original request (PCN dated August 7, 2006). 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 151 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This written approval requires you to follow the conditions listed in the attached Water Quality Certification (GC 3402) and the additional conditions listed below. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 /Internet: httn://h2o.enr.state.nc.us/ncwetlands Nom` Carolina ~tura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Millridge Companies Incorporated Page 2 of 4 August 18, 2006 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: Im act T e Amount A roved nits Plan Location or Re erence Stream 151 linear feet Au st 15, 2006 PCN a e 5 Buffer -Zone 1 8428 s uare ft.) Au ust 15, 2006 PCN a es 7&8 Buffer -Zone 2 6512 s uare ft. Au st 15, 2006 PCN a es 7&8 Wetland 0.03 acres Au ust 15, 2006 PCN a e 4 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. 3. 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 3402. 6. Diffuse Flow Measures Approved The diffuse flow measures (level spreader designs submitted on August 15, 2006 and on August 18, 2006) must be implemented and the stormwater management facilities shall be constructed Millridge Companies Incorporated Page 3 of 4 August 18, 2006 and operational before any permanent building is occupied at the subject site. 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 practices shall be made without written authorization from the Division of Water Quality. 7. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert: Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ 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/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. 8. 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. 9. 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 Millridge Companies Incorporated Page 4 of 4 August 18, 2006 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 http: //h2o. enr.state. nc. us/su/Forms Documents. htm. 10. 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. 11. 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 or CAMA 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, 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 Cynthia Van Der Wiele at 919-733-1786. ~ S v,..~, ~ v- - yr - Alan W. Klimek, P.E. AWK/cvdw/lem Enclosures: GC 3402 Certificate of Completion cc: USACE Raleigh Regulatory Field Office Eric Kulz, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Debbie Edwards, S&EC, 11010 Raven Ridge Road, Suite 120, Raleigh, NC 27614