20072022 Ver 2_Approval Letter_20080617

?Q(r \NATF?Q Michael F. Easley, Governor
\Q ?i William G. Ross Jr:, Secretary
f? rte- North Carolina Department of Environment and Natural Resources
0 .C Coleen H. Sullins, Director
Division of Water Quality
June 17, 2008
DWQ Project # 07-2022, Ver. 2
Durham County
Mr. Jerry Radman
East Durham Land Company, LLC
201 Shannon Oaks Circle
Raleigh, NC 27511
Subject Property: Sierra Subdivision
Ut to Lick Creek [030401, 27-11-(1.5), WSIV, NSW, CA]
Approval of 401 Wateruality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (5A NCAC 2B.0233) with Additional Conditions
r
Dear Mr. Radman:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.274 acres of 404/wetland (temporary impact), 361 linear feet of perennial
stream (295 linear feet permanent, perennial stream impact, and 66 linear feet, temporary, perennial
stream impact), and 58,985 square feet of Zone 1 Neuse River basin protected riparian buffers, and
89,303 square feet of Zone 2 Neuse River basin protected riparian buffers, as described in your revised
application dated May 28, 2008, and received by the Division of Water Quality (DWQ) on May 29, 2008,
with additional information received from you on June 9, 2008, and June 17, 2008, to construct the
residential development at the site. 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) NW 18 when issued by the US Army Corps of Engineers
(USACE). This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 213 .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 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.
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: [phone] / FAX [phone] / Internet: http://h2o enr state.ne.us/ngwetlands
None Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
East Durham Land Company, LLC
Page 4 of 6
June 17, 2008
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.
Mitigation:
8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this 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 contacte&at•[phone] if you have any questions concerning payment into a
restoration fund. You have 60 calendar days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into
the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
Type of Impact Com ensator Mitigation Re uired River and Sub-basin Number
Stream (perennial) 295 linear feet Neuse/03020201
Buffers Zone 1 23,493 acres Neuse/03020201
9. Stormwater Management Plan Implementation Procedures (Further Approval Needed)
SMP approval and implementation procedures shall be as follows:
• The SMP must be approved in writing by either the 401 Oversight/Express Unit or, if the
project is subject to another state stormwater program, a copy of the approval letter and
approved SMP must be submitted before any impacts authorized in this certification occur.
• If a development is phased, then the SMP for each future phase must be approved by the 401
Oversight/Express Unit or, if the project is subject to another state stormwater program, a
copy of the approval letter and approved SMP must be submitted before any site grading
associated with that phase may occur. Future phases must comply with the stormwater
r_ wmanagement design requirements in place at the time they are submitted for approval.
• The approved SMP must be constructed and operational before any permanent building or -
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
East uurnam Lana U0111pany, LLU
Page 5 of 6
June 17, 2008
10. Diffuse Flow (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
15A NCAC 2B .0233(5)
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.
An Operation "aintenance (O&M) agreement signed by the current landowner must be
approved by the DTQ. This O&M agreement must transfer with the sale of the land or transfer
of responsibility for the stormwater facilities and the DWQ must be notified of every transfer
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.
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 dispuxes 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 you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
r Sin e ,
oleen H. Sullins
East Durham Land Company, LLC
Page 6 of 6
June 17, 2008
CHS/ijm
Enclosures: GC3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
John E. Schrum, Horvath Associates, P.A., 16 Consultant Place, Suite 201, Durham, NC 27707
Filename: 072022ver2S ierraSD(Durham)401_NBR
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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, Mr. Jerry Radman and the East Durham Land Company, LLC, have
permission to fill or otherwise impact 0.274 acres of 404/wetland (temporary impact), 214 linear feet of perennial
stream (148 linear feet permanent, perennial stream impact, 66 linear feet, temporary, perennial stream impact),
348 linear feet of intermittent stream, and 21,709 square feet of Zone 1 Neuse River basin protected riparian
buffers, and 13,187 square feet of Zone 2 Neuse River basin protected riparian buffers, to construct the proposed
Sierra subdivision, which is located at the intersection of Leesville Road and Doc Nichols Road, located in
Durham, Durham County, North Carolina. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT
VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
i
DWQ PROJECT #: 20072022, VerF 2..
LOCATION: Durham
COUNTY Durham
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers 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 Mitigation
295 Linear Feet of Perennial Stream Impact 295 Linear Feet of Perennial Stream Imp act
7,831 Square Feet Zone I Buffers 23,493 S uare Feet Zone 1 Buffers
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
[phone]
Filename: 072022Ver2SierraSD(Durham)401 _NBR-EEP
Nose Carolina
aturally
401 Oversight/Express Review Permitting Unit Naturally
1650 Mail Service Center,.Raleigh North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/1.0% Post Consumer Paper