HomeMy WebLinkAbout20060659 Ver 1_Approval Letter_20080424O~O~ W A T~'9QG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 24, 2008
Mr. Jeffrey Smerko
Trenton Road, LLC
105 Quail Ridge Road
Wilmington, NC 28409
Subject Property
Trenton Road Subdivision
Richlands Creek [030402, 27-33-11, C, NSW]
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 06-0659
Wake County
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. Smerko:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 80 linear feet of perennial stream, and 6,892 square feet of Zone 1 Neuse
River basin protected riparian buffers and 4,151 square feet of Zone 2 Neuse River basin protected
riparian buffers, to construct a residential subdivision at the site, as described within your revised
application dated March 14, 2008 and received by the N.C. Division of Water Quality (DWQ) on March
17, 2008. After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use
Nationwide Permit(s) 29 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 LAMA 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 150 linear 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.
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:
N °ehCarolina
401 OversighUExpress Review Permitting Unit ~atura!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-68931Intemet: http://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffinnative Action Employer - 50% Recycled110% Post Consumer Paper
Trenton Road, LLC
Page 2 of 4
April 24, 2008
T e of Im act Amount A roved Units Plan Location ar Reference
Stream - erennial 80 (linear feet) PCN a e 4 of 8
Buffers -Zone 1 6,842 (s uare ft.) PCN a e 7 of 8
Buffers -Zone 2 4,151 (s uare ft.) PCN a e 7 of 8
2. 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:
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.
3. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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. Diffuse Flaw (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
I SA NCAC 2B .0233(5)
In an effort to comply with the diffuse flow provision of the Buffer Rule (1 SA NCAC 02B
.0233{S)), you have provided the DWQ with level spreader designs dated March 14, 2008. The
DWQ believes that if implemented, as per these plans, diffuse flow will be achieved. However, if
diffuse flow as per 15A NCAC 02B .0233{5} is not achieved, then the DWQ shall be notified and
corrective actions to restore diffuse flow shall be taken if necessary to impede the formation of
Trenton Road, LLC
Page 3 of 4
April 24, 2008
erosion gullies. At no time shall stormwater from the proposed development be piped directly
through the. buffer without prior DWQ written authorization.
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. stormwater easements shall be
recorded for a distance of at least 10 feet on each side of all stormwater conveyances, and
on all lots containing these structures including future access for maintenance. The stormwater
easements shall allow for the ability to maintain the structures, perform corrective actions as
described above and shall provide protection of the structures from potential alternations by
future property owners.
6. 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.
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 at the time lots or properties are recorded. 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. 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.
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.
Trenton Road, LLC
Page 4 of 4
Apri( 24, 2008
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. 1508.
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 at 919-733-9721 or Amy Chapman at 919-7I5-6823.
Sin ly,
oleen H. Sullins
CHS/cbk/ijm
Enclosures: GC 3705
Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
DLR Raleigh Regional Office
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename: 060659TrentonRoadSD(Wake~01_NBR