HomeMy WebLinkAbout20052254 Ver 1_Approval Letter_20060313p~pF WAT ~9QG Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natuml Resources
J ~
p ~ Alan W. Klimek, P.E. Director
Division of Water Quality
March 13, 2006
DWQ Project # OS-2254
Wake County
Mr. Jay Meyers
Town ,of Fuquay-Varina -Engineering Department
401 Old Honeycutt Road
Fuquay-Varina, NC 27526
Subject Property: Judd Parkway Extension and Southview Pointe Subdivision
Ut to Kenneth Creek [030607, 18-16-1-(1), C]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Meyers:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.158 acres of wetland, 2201inear feet of stream (139 linear feet permanent
perennial stream impacts, and 81 linear feet temporary intermittent stream impacts) and 0.024 acres of
open waters for the purpose of constructing the thoroughfare road and subdivision ati the subject property,
as described within your application dated December 22, 2005, and received by the N.C. Division of
Water Quality (DWQ) on December 22, 2005. The DWQ received more information from you on
January 9, 2006, January 13, 2006, February 13, 2006 and February 22, 2006. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) NW 14 when
issued by the US Army Corps of Engineers (USAGE). This Certification replaces the Certification
issued to you on February 23, 2006. 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 maybe 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 maybe 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.
The Additional Conditions of the Certification are:
1. Impacts Approved
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: h~tp://h2o.enr.state.nc.us/ncwetlands
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Town of Fuquay-Varina ~I'
Page 2 of 5 j
March 13, 2006 '
The following impacts are hereby approved as long as all of the other specific and general
cpnditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount A roved Units Plan Location or Reference
404 Wetland 0.1$8 acres PCN a e 5 of 10
Stream - erennial, ermanent 139 linear feet PCN a e 5 of 10
Stream -intermittent, tem or 81 linear feet PCN a e 5 of 10
O en Waters 0.024 acres PCN a e 6 of 10
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 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, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC
2B .0233 and GC 3404;
6. 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
Town of Fuquay-Varina
Page 3 of 5
March 13, 2006
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). 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 fgot 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. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. 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. '°
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
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.
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 maybe modified
as appropriate to suit to this project;
8. Written Stormwater Management Plan (No Further Approval Needed)
The fmal, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) must be implemented and the stormwater management facilities shall
be constructed 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.
Town of Fuquay-Varina
Page 4 of 5
March 13, 2006
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 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. Cumulative impactsxon downstream water quality
In accordance with the February 20, 20061etter from the Town of Fuquay-Varina, on-site
stormwater management shall be required for stormwater from all parcels that are developed as a
result of this road construction. The Town of Fuquay-Varina has the responsibility to notify
landowners and developers of these tracts with respect to this requirement. These stormwater
management plans shall conform to the latest DWQ design guidelines in effect when the parcels
are developed. The Town of Fuquay-Varina shall maintain copies of these approved plans and
make them available for DWQ inspection and review upon request.
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.
t .~
Town of Fuquay-Varina
Page 5 of 5
March 13, 2006
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 Cyndi Karoly or Ian McMillan at 919-733-1786.
Sincerely,
~ ~'~
/~~ Alan W. Klimek, P.E.
AWK/ijm d//
Enclosures: GC 3404
Certificate of Completion
cc: Elizabeth Workman, Rummel, Klepper & Kahl, LLP, 900 Ridgefield Drive, Raleigh, NC 27609
Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 052254TOFuquayVarinaJuddExtandSouthviewPointeSD(Wake)401_edited
~rC W ATF9 Michael F. Easley, Governor
Q
~ ~ ~' G William G. Ross Jr., Secretary
r North Carolina DepaRment of Environment and Natural Resources
~_ ~
Q ~ Alan W. Klimek, P.E. 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 Fuquay-Varina has permission as outlined below to impact
1201inear feet of stream for the purpose(s) of constructing the proposed Judd Parkway Extension and Southview
Pointe Subdivision off 401 South in Fuquay-Varina in Wake County. All activities associated with these authorized
impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: Fuquay-Varina, NC
COUNTY Wake
BASIN/ SUB BASIN Cape Fear/03030002
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters 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
115 linear feet of stream 115 linear feet of stream
In correspondence dated Ju:.uary 3, 2006, the EEP indicated that up to 115 linear feet of mitigation will be
conducted by EEP if necessary for the 401 Water Quality Certification and 404 Permit.
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. 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: 052254TOFuquayVarinaJuddExtandSouthV iewPointeSD(Wake)401 _EEP
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919.733-17861 FAX 919-733-6893 /Internet: htto://h2o.enr.state.nc.us/ncwetlands
Onc
No Carolina
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