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HomeMy WebLinkAbout20071960 Ver 1_Approval Letter_20080129o~~~ w a rF~QG ~ r ~ ~ ~ "C 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 January 29, 2008 Mr. Zane Buckman Bridge Harbor, LLC 416 Riverside Drive Washington, NC 27889 Re: Bridge Harbor, LLC, Beaufort County Pamlico River [030307, 29-(1), SC, NSW] DWQ #20071960; USACE ORM ID #: SAW- 2007-02972-107 APPROVAL of 40i Water Quality Certification and Authorization Certificate per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions Dear Mr. Buckman: Attached hereto is a copy of Certification No. 3727 issued to Mr. Zane Buckman of Bridge Harbor, LLC, dated January 29, 2008. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. 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. If we can be of further assistance, do not hesitate to contact us. CHS/cbk/ijm Attachments: Certificate of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 U.S. Army Corps of Engineers, •Washington Regulatory Field Office, Wilmington District, USACOE Roberto Scheller, DWQ, Washington Regional Office DLR Washington Regional Office File Copy Central Files Doug Huggett, DCM Mike Street, P.O. Box 769, Morehead City, NC 28557 Sam Jarvis, Jarvis Consulting, Inc., 223 North Respess Street, Washington, NC 27889 Filename: 071960BridgeHarbor(B eaufort~101 _1C N~,;thCarolina 401 OversighUExpress Review Permits Unit ll~llCll~~~ 1650 Mail Service Center, Raleigh, NoRh Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet: htta:/lh2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Aff'innative Action Employer - 50°~ Recycled/10% Post Consumer Paper Bridge Harbor, LLC ,~ Page 2 of 5 January 29, 2008 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92- 500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Zane Buckman of the Bridge Harbor, LLC, to fi110.374 acres of jurisdictional wetland and 0.00 square feet of Zone 1Tar-Pamlico River basin protected riparian buffer, and 0.00 square feet of Zone 2Tar-Pamlico River basin protected riparian buffer, associated with the construction of the Bridge Harbor multi-family, residential development located on the east side of U.S. Highway 17 North at Pamlico River Bridge adjacent to the Pamlico River south of the City of Washington in Beaufort County, North Carolina, pursuant to an application filed on the 10~' day of September of 2007 (received by DWQ on December 3, 2007), and by Public Notice by the U.S. Army.Corps of Engineers issued on the 14`" day of November of 2007 (received by DWQ on November 16, 2007). 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 wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 1 SA 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. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: 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: T e of Im act Amount A roved Units Plan Location or Reference 404/CAMA Wetlands 0.374 acres PN and Construction Plans Buffers Zone 1 0.00 s uare ft. PN and Construction Plans Buffers Zone 2 0.00 (s uare ft.) PN and Construction Plans Sediment and Erosion Control: 2. 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. Bridge Harbor, LLC Page 3 of 5 January 29, 2008 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. 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; 4. 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 date that the Division of Land Resources has released the project; 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 3404; Continuing Compliance: 6. Mr. Zane Buckman and the Bridge Harbor, LLC, 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 iriclude 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 Mr. Zane Buckman and/or the Bridge Harbor, LLC, NC 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 Mr. Zane Buckman and/or the Bridge Harbor, LLC, NC 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; Deed Notification: 7. 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 at the time of the recording of the property. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. Bridge Harbor, LLC Page 4 of 5 January 29, 2008 7. Diffuse Flow (DWQ Review and Approval Required) All constructed stormwater conveyance outlets shall be directed and maintained to flow in a diffuse manner at non-erosive velocities through the entire protected stream buffers without re- concentrating. If this is not possible it may be necessary to provide stormwater facilities that are considered to remove nitrogen. Additionally, a stormwater management plan for this project shall be provided to this Office before any of the impacts approved herein are conducted. The plan shall specify all stormwater discharge points, plan details, and calculations to indicate that diffuse flow through the protected buffers or nitrogen removal as described above will be achieved. 8. Written Stormwater Management Plan (Final Plan Needed) A final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of this Certification, and the stormwater management plans shall be approved in writing by this Office before the impacts specified in this Certification occur. You have the option of using the Express Review Program for expedited approval of these plans. If you propose to use the Express Review Program, remember to include the appropriate fee with the plan. The stormwater management plan must include plans, specifications, and worksheets for stormwater management facilities that are appropriate for the surface water classification and designed to remove at least 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 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. Additionally, in watersheds within one mile and draining to watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NCDENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when asite-specific stormwater management plan is required. Where a Coastal State Stormwater Permit (in accordance with 15 A NCAC 2H .1000) is required, this permit may be considered to meet this condition. 9. Construction Stormwater Permit NCGO10000 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 with permit conditions including the sedimentation control plan, self-monitoring, record keeping and . _ . ,_ _ ., Bridge Harbor, LLC Page 5 of 5 January 29, 2008 reporting requirements are required. A rms Dohumentnslhtm. dmonitoring report forms may be found at htt ://h2o.enr.state.nc.us/su/Fo 10. Certificate of Completion Upon completion of all work approved withions the0 a Wl ceantQis rlequCed t t return the attached Buffer Rules, and any subsequent modificat pp certificate of completion to the 401 Oversr gc~ enterSRale gh, NCm27699-1650. orth Carolina Division of Water Quality, 1650 Mail Se 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 letter completes the review of the Divisionion rule as described within 115A NCACt2BC0259 ~If you Act and the Tar-Pamlico riparian buffer protect have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786. If this Certification is unacceptable to you, Y° t of this CertificationaThslreq st must been the form of a request within sixty (60) days following receip written petition conforming to Chapter 150B oServiNe CenteroRaleighnN CS2 699 67 4~i1If with the Office of Administrative Hearings, 6714 Mail modifications are made to an original Certificati 60 yda s follohwing receipt of the1Cert fcat on.gUnless modifications upon written request wrthm sixty ( ) y such demands are made, this Certification shall be final and binding. 3727 CHS/cbk/ijm Certification of Completion DWQ Project No.: Applicant: county: Project Name: Date of Issuance of Certification or Authorization: •on Certificate of Com lp e= he 401 Water Quality Certification and Buffer Rules, and Jane roved within t ress Permitting the a plicant is required to return thie certificate to the 401 Oversi xp n ~'Y Upon completion of all work app Center, Raleigh, NC, 27699-1650. Thecess~ toasend subsequent modifications, p uali 1650 Mail Servic ro ect engineer.. It is not North Carolina Division of Water Q ~licant's authorized agent, or the p J returned to DWQ by the applicant, the app certificates from all of these. Applicant's Certifica~on abilities, due care and diligence was ,hereby state that, to the best of my uch that the construction was observed to be P uilt within substantia roved lans and specifications, I, used in theand ~ ent of the 401 Water Quality Certification and Buffer Rules, o app compliance and other supporting materials. ~--- Date: Signature: Agent's Certification ereb state that, to the best of my abilities, due care and diligence was ,h Y ch that the construction was observed ~°o ed plans and spec ficao ns, I, used in the observation of the construction su ' ce and intent of the 401 Water Quality Certification and Buffer Rules, t oar comphan and other support~g materials. Date: Signature: .,~ s desi ned by a Certified Pro. fessional ~, _ If this project wa g ~i,e., Engineer, as a duly registered Professional ._.--- eriodically, North Carolina, having been authorized to observe ~p due care I state that, to the ,best of my abilities, Surveyor, etc.) in the State of Landscape Architect, ro ec for the Perrnittee hereby the construction of the p J ~ such that the construction was observed to ov d plans and weekly, full time) and diligence was used in ~1etent of the 401 Wat rsQua ty Certification and Buffer Rules, the app - substantial compliance and m materials. specifications, and other supporting Date Registration No. Signature: