HomeMy WebLinkAbout20061379 Ver 1_Approval Letter_20070102O~O~ W A T ~RpG
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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
January 2, 2007
DWQ Project # 06-1379
Franklin County
Mr. Dick Paton
Eagle Parke, LLC
812 Moorefiled Park Drive, Suite 304
Richmond, VA 23236
Subject Property: Franldin Grove
UT to Horse Creek [030401, 27-17-(0.7), WSIV, 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. Paton:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.365 acres of wetland (0.126 acres permanent impact, 0.239 acres temporary
impact), 91 linear feet of stream (71 linear feet temporary perennial stream impacts, and 201inear feet
temporary intermittent stream impacts), and 8,155 square feet (ftZ) of protected Zone 1 Neuse River basin
riparian buffer and 5,058 square feet (ft2) of protected Zone 2 Neuse River basin riparian buffer as
described in your application dated August 26, 2006, and received by the Division of Water Quality
(DWQ) on August 25, 2006 (with additional information received from you on December 4, 2006, and
December 27, 2006), for the purpose of constructing the multiuse project at the site. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3374 and 3402 (GC3374, GC3404 and GC3402). The Certification(s) allows you to use
Nationwide Permit(s) NW 12, NW 14 and NW 18, respectively, 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 or CAMA Permit.
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 15O1inear 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 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:l/h2o.enr.state.nc.us/ncwetlands
No°e Carolina
~turally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Eagle Parke, LLC
Page 2 of 4
January 2, 2007
The Additional Conditions of the Certification are:
I . 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:
Amount A roved Units Reference
404/Wetland 0.365 acres of wetland (0.126 acres permanent
im act, 0.239 acres tem or im act PCN page 4 of 9
Stream 91 linear feet stream (71 linear feet temporary
perennial stream impact, 20 linear feet temporary
intermittent stream im act PCN page 4 of 9
Buffer -Zone 1 8,155 s uare ft. PCN a e 8 of 9
Buffer -Zone 2 5,058 s uare ft. PCN a e 8 of 9
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 six 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,
Eagle Parke, LLC
Page 3 of 4
January 2, 2007
wetland or water prior to any land disturbing activities to ensure compliance with 15A •NCAC 2B .0233
and GC 3404;
6. Diffuse Flow
All constructed Stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate before
discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may
be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require
additional approval from this Office.
7. Deed Notifications
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 prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. 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;
8. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local
sewer system regulations.
9. Stormwater Best Management Practices (BMPs)
All of the components of your Stormwater BMPs must be maintained in perpetuity per GC3402 and
GC3404. Therefore your forested filter strips must be placed in a permanent easement and maintained
to function as a forested filter strip in perpetuity. Please provide this Office your final permanent
easement narrative and corresponding surveyed maps of the forested filter strips proposed for
preservation, with proposed forested filter strips clearly delineated within 60 calendar days of the
issuance of this Certification.
10. 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 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. ;
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
Eagle Parke, LLC
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January 2, 2007
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. '
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 yo have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786. /~ /~
Sinc el ,
AWK/ijm
Alan W. Klimek, P.E.
Enclosures: GC 3374, GC3402, GC3404
Certificate of Completion
cc: Kevin Martin, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 29614
USACE Raleigh Regulatory Field Office
Mike Horan, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 061379Frankl inGrove(Frankl in~101 _NB R