Loading...
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 None Carolina ~~ura!!r~ 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 tura!!r~ An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 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