HomeMy WebLinkAbout20050150 Ver 3_Approval Letter_20071214`O~ W /~ r~R Michael F. Easley, Governor
~~ QG, William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~ "'~ Coleen H. Sullins, Director
~ _ ~ Division of Water Qua]ity
December 14, 2007
DWQ Project # 2005-0150 Version 3
Wake County
Ms. Stephanie Sudano, P.E., Director of Engineering
Town of Holly Springs
128 South Main Street
Holly Springs, NC 27540
Subject Property: Green Oaks Parkway (formerly Ballantine Road),
Widening of Segment C, Town of Holly Springs
Ut to Utley Creek, 18-7-5.5, Class C
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms. Sudano:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.7515 acres of wetlands and 8S 8 linear feet of streams for the purpose of
widening segment C of the Green Oaks Parkway (forme'rly known as the Ballentine Street Extension) in
Holly Springs, as described within revised application materials (including anafter-the-fact modification
request for additional wetland and stream impacts, along with a stream repair and stabilization plan) dated
October 23, 25 and 29, 2007, all received by the N.C. Division of Water Quality (DWQ) on October 30,
2007. After reviewing your application, we have decided. that the impacts are covered by General Water
Quality Certification Number(s) 3704 (GC3704). The Certification(s) allows you to use Nationwide
Permit(s) 14 when issued by the US Army Corps of Engineers (USAGE), 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, Non-discharge, and other
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 or CAMA Permit.
This Certification replaces the one issued October 9, 2006. Also, a separate Certification was issued
for Segments A and B of the Green~0aks Parkway on December 14, 2007.
This approval is for the purpose and design that you described in your application. 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 1501inear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
401 Oversight/Express Review Pernvtting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-?33-1786 /FAX 919-733-6893 /Internet: httvT:!lt2o.enr.state.no.us,'ncwetlands
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Green Oaks Parkway, Segment C
Page 2 of 5
December 14, 2007
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 (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Segment C
Amount Ap roved (Units) Plan Location or Reference
Stream 858 (linear feet), including Stream Sites #2, 3, 5, 6 and 7
332 feet of perennial streams
and 526 feet of intermittent
streams; of this total, 122
linear feet of impacts are
tem ora
404 Wetlands 0.7515 (acres) Wetland Sites # 1, 2, 3, 4, 5, 6
and 7
2. Within 60 days of the complete implementation of the stream repair and stabilization plan, a
Certificate of Completion must be provided to the Division of Water Quality, Raleigh Regional
Office, as well as a written report detailing the repair efforts as implemented. Note: repair
implementation must be accomplished no later than 30 days following issuance of the 404 Permit.
3. Restoration monitoring must occur quarterly for athree-year duration. A written report of the
monitoring efforts must be submitted to the Division (one copy each to the Central Office at 2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604 and the Raleigh Regional Office at 3.800 Barrett Drive,
Raleigh, NC, 27609) annually by June 1 of each year.
4. Written accounts of inspections must include the following information: site stability, whether or not
measures constructed as part of the restoration have failed and whether or-not plantings have
survived. The accounts of these inspections must be available to the Division upon request.
5. Monitoring events shall include a determination of whether or not restored stream reaches have been
stabilized. This means that there shall be no rills, sloughing, or erosion of the restored areas. If these
problems do occur they must be documented, including photographs. This information must be
provided to the Division.
6. If monitoring efforts confirm some of the restoration work is unstable or failing, or that planted areas
are dying, the Town of Holly Springs must implement repairs or corrections immediately (within 20
days of observation or written notification by the Division).
7. Each quarterly monitoring event must include digital photographs of each monitoring location, the
date of inspection, and any repairs or corrections.
8. Erosion & Sediment Control Practices
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:
Green Oaks Parkway, Segment C
Page 3 of 5
December 14, 2007
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. 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.
9. 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.
10. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
depicted within your application materials.
11. 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.
12. The Town of Holly Springs is required to inform any future occupants of the Holly Springs
Business Park that any application fora 401 Water Quality Certification must reference
this Certification by both name and DWQ number in the application so that the Division of
Water Quality may consider the cumulative impacts of all previous projects that have
occurred in the Business Park serviced by the approved road project. In addition, the Town
of Holly Springs is required to notify all future park occupants that site specific onsite
stormwater controls that are consistent with the North Carolina Division of Water Quality.
stormwater Best Management Practices (BMPs) maybe required as part of any 401 Water
Quality Certification.
13. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the additionally proposed impacts as specified in the table below.
Note that this is in addition to the mitigation already performed for the origina1401 Certification
issued October 9, 2006. We understand that you wish to make a payment to the Stream
Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this
Green Oaks Parkway, Segment C
Page 4 of 5
December 14, 2007
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 (919) 733-5205 if you have any
questions concerning payment into a restoration fund. You have 60 days from the date of this
approval to make this payment. For accounting purposes,, this Authorization Certificate
authorizes payment into the Stream Restoration Fund to meet the following compensatory
mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
Stream 5 (feet) Ca e Fear 030607
14. During the construction of the project, no staging of equipment of any kind is permitted in waters
of the U.S., or protected riparian buffers.
15. Heavy equipment must be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
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, or
other toxic materials.
17. All work shall be performed during low or normal flow conditions.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
19. A copy of this Water Quality Certification shall be posted on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be
maintained with the Division Engineer and the on-site project manager.
20. No Impacts Beyond those in Application
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.
21. The Town of Holly Springs 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. The Town of Holly Springs 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. If DWQ
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.
Green Oaks Parkway, Segment C
Page 5 of 5
December 14, 2007
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 The Town of Holly Springs 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 The Town of Holly Springs 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 condition herein set forth may result in revocation of this Certification and/or 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 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.
This letter completes. the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in
Raleigh at 919-733-1786 or Danny Smith in the DWQ Raleigh Regional Office at 919-791-4200.
CHSlcbk
Enclosures: GC 3704
Certificate of Completion
Sincerely,
~~
~~
Coleen H. Sullins
cc: USACE Wilmington District Office
USACE Raleigh Regulatory Field Office
Danny Smith, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Chad Evenhouse, Kimley-Horn and Associates, P.O. Box 33068, Raleigh, NC, 27636-3068
Sean Clark, S&EC, 11010 Raven Ridge Road, Raleigh, NC, 27614
Filename: 200501500 (Wake)GreenOaksParkway401Rev
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, the Town of Holly Springs has permission as outlined below to impact
0.7515 acre of wetlands and 858 linear feet of streams (including 332 feet of perennial streams) associated with
the widening of Green Oaks Parkway, Segment C in Holly Springs, Wake County. All activities
associated with these authorized impacts must be conducted in accordance with the conditions listed in the attached
Certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 2005-0150, Version 2
LOCATION: ut to Utley Creek, Green Oaks Parkway, Segment C
COUNTY Wake
BASIN/ SUB BASIN Cape Fear, 030607
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigabee impacts through the restoration, creation, enhancement or preservation of streams as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according. to 15 2R.0503(b).
Im acts. Miti ation
0.7515 Acres of ri arian wetland Not re uired for 401 Certification
858 Linear feet of Stream (including 332 feet 5 Linear feet of stream mitigation required for the
of perennial streams) modified 401 Water Quality Certification issued
December 14,.2007
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands. Restoration Fund per NCAC 2R.0503. In correspondence dated November 6; 2007, the EEP
indicated willingness. to provide mitigation for this project as required for the. 401 Certification and 404 Permit,
including up to 10 feet of streams. If you choose this option, please. sign this form and mail the form along with a
copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below.
An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE,
THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED. BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
(919)733-5205
Filename: 200501500(Wake)GreenOaksParkway401 RevEEP
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: http://www.ncwaterquality.org
None Carolina
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Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within .substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permiee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date