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HomeMy WebLinkAbout20140874 Ver 1_Certification of Completion_20161220 (2)Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 10=4, Raleigh, NC 27615 • Phone: (919) 8165900 • Fax: (919) 846-9467 sandec.com To: US Army Corps of Engineers Raleigh Regulatory Field Office Attn: James Lastinger 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 (sent via email) From: Soil & Environmental Consultants, PA Bob Zarzecki December 6, 2016 S&EC Project # 6892. P3 NC DWR, 401 & Buffer Permitting Unit Attn: Karen Higgins & Cherri Smith (RRO) Archdale Building — 91h Floor 512 North Salisbury Street Raleigh, NC 27604 (sent via email) Re: Cedar Lakes -Tracts 1, 2 & 3 — CERTIFICATE OF COMPLETION NOTICES Rolesville, Wake County, NC SAW -2004-20555 DWR 14-0874 On behalf of the applicant, Lennar Carolinas LLC / Cedar Lakes II LLC (Attn: Patricia E. Hanchette) please find attached signed completion notices for SAW -2004-20555 and DWR 14-0874. While the subdivision and roadways are still under construction, all permitted work within streams and buffers has been completed. The permitted impacts included two stream/buffer crossings for the extension of Virginia Water Drive. The northeastern crossing (S1/B1) included a culvert pipe, and was built per the permitted plans. The southwestern crossing (B2) included a ConSpan Bridge structure. The structure included in the application was 25' wide and 10' high and included a mitered (bend) section. The structure that was actually built wound up being 30' wide and 18' high and avoided the need for the mitered (bend) section. It is also a few feet less in total length. The total buffer impacts fell within the permitted limits provided in the application. We have included excerpts from the site plans provided in the application and the final construction drawings for comparison. Please let us know if you have any questions or would like to visit the site. Sincerely, Soil & Environmental Consultants, PA Attachments: Site Plan & Construction Drawings Excerpts USACE Certification of Completion DWR Certificate of Completion S&EC Agent Authorization SAW -2004-20555 DWR 14-0874 SI/131 Northeastern Stream & Buffer .�- EX BEA`.,'tR P11440 I 38— nw 720. S 1B I Northeastern Stream & Buffer Cross 7 AtNI- A\^%A\\NA — PCN Site Plan V".. . e"' I -'�- ,W4: i11 80*00 bow, Td, 4MA54 - 0 FUP R01 - ?1: 377 Final Construction Drawings 4'A ?.- IR I IA,*] 1 11 t'!X/ \\A I Note: The alignment of the crossing remained as permitted, but the excerpt provided for the final construction drawings did not have "north" straight up. B2 Southwestern Buffer — PCN Site Plan B2 Southwestern Buffer Crossing — Final Construction Drawings � —�_ � ` •aSte• �i ��--Iyt 13 y3 CSS Note: The alignment of the crossing remained as permitted, but the excerpt provided for the final construction drawings did not have "north" straight up. Also, the final construction drawings show the wider & taller span structure that was used. Action ID Number: SAW -2004-20555 County: Wake Permittee: Lennar Carolinas, LLC Attn: Patricia Hanchette Project Name: PROMINENCE HOMES/CEDAR RIDGE SD Date Verification Issued: 08/25/2014 Project Manager: James Lastinger Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Raleigh Regulatory Field Office Attn: James Lastinger, Regulatory Specialist 3331 Heritage Trade Dr., suite 105 Wake Forest, NC 27537 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. isu Signature of Permittee �z-4.V, Date NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor DWR Project No: 14-0874 Donald R. van der Vaart Secretary Applicant: Cedar Lakes II, LLC Project Name: Cedar Lakes County: Wake 401 Water Quality Certification Issued Date: August 25, 2014 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 this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, S&EC, PA— Bob Zarzecki, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Bob Zarzecki Signature: o=Hobo° Date: December 6, 2016 If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Division of Water Resources — 401 & Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N Salisbury St, Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www.ncwaterquality.org An Equal opportunity 1 Affirmative Action Employer —Made in pari by recycled paper Name: Address: Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com AGENT AUTHORIZATION FORM All Blanks To Be Filled hi By The Current Landowner t,l.0 , A RR1'SJ�t.(�>L w\(- Z�75/,ri7 Phone: , 06 hV l.r-- Project Name/ Description: 'D tZ1bG 5i S&EC Project #, Date: ! �- i I -W The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: Re: Wetlands Related Consulting and Permitting To Whom It May Concern: Field Office: I, the current proper owner, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. The day of This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. *g1d,1A �,- AlAk6wo -, Print Property Owner's Name cc: Ms. Karen Higgins NCDENR - DWR 512 N. Salisbury St. Raleigh, NC 27604 C_ Property Owners Signature cc: Ms. Deborah Edwards Shirley Soil & Environmental Consultants, PA n U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2004-20555 County: Wake U.S.G.S. Quad: NC-ROLESVILLE GENERAL PERMIT (REGIONAL AND NATIONWIDE) Permittee: Lennar Carolinas, LLC Attn: Patricia Hanchette Address: 909 Aviation Parkway suite 700 Morrisville, NC, 27560 Telephone Number: 919-337-9444 XIQN, ., �a 1s ,i AL 2 i 2014 Bye S(Jl Size (acres) 66 Nearest Town Rolesville Nearest Waterway Harris Creek River Basin Upper Neuse. North Carolina. USGS HUC 3020201 Coordinates Latitude: 35.9123861 Longitude: -78.457544 Location description: The proiect is 66 acres known as phase 2 of the Cedar Lakes subdivision and is bordered to the east and west by Virginia Water Drive stubs, near the town of Rolesville, Wake County North Carolina. The site contains several tributaries to Harris Creek, and their abutting wetlands and an impoundment of Harris Creek, located in the Neuse River basin. Description of projects area and activity: This permit verification allows for 137 linear feet or permanent stream channel impacts to Harris Creek for the installation of a culvert and rip rap dissipater pad in association with the extension of Virginia Waters Drive, and the Cedar Lakes subdivision phase 2. No mitigation is required for this proposal Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 29 Residential Developments. SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 08/13/2014. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until .the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact James Lastin er at 919-554-4884 x32 or James.C.LastiiiLyerusace.army.mil. Corps Regulatory Officio : Date: 08/25/2014 Expiration Date of Verifjca 'on: 03/18/2017 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 25, 2014 Cedar Lakes II, LLC Attn: Patricia Hanchette 909 Aviation Parkway, Ste. 700 Morrisville, NC 27560 John E. Skvarla, III Secretary DWR # 14-0874 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (1SA NCAC 026 .0233) WITH ADDITIONAL CONDITIONS Cedar Lakes —Tracts 1, 2 & 3 Dear Ms. Hanchette: You have our approval for the impacts listed below for the purpose described in your application dated August 13, 2014 and received by the Division of Water Resources (Division) on August 13, 2014. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. NMOne Caro] ural North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Customer Service Internet: rvtivw ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 fax (919) 788-7159 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Type of Impact Stream Impact #1 Buffers —Zone 1 Impact #1 Buffers — Zone 2 Impact #1 Buffers —Zone 1 Impact #2 Buffers — Zone 2 Impact #2 Buffers —Zone 1 BMP5 Buffers — Zone 2 BMP5 Buffers — Zone 1 BMP 6 Buffers — Zone 2 BMP 6 Buffers — Zone 1 BMP7 Buffers — Zone 2 BMP 7 Buffers—Zone 1 BMP8 Buffers — Zone 2 BMP8 Buffers — Zone 1 BMP 9 Buffers —Zone 2 BMP9 Buffers —Zone 1 BMP 10 Buffers —Zone 2 BMP 10 Amount Approved (units) Permanent 137 (linear feet) 8,431 (square feet 5,485 (square feet 8,330 (square feet 5,693 (square feet 336 (square feet) 201 (square feet) 319 (square feet) 206 (square feet) 351 (square feet) 256 (square feet) 318 (square feet) 214 (square feet) 373 (square feet) 1,986 (square feet) 312 (square feet) 200 (sauare feet) Cedar Lakes — Tracts 1, 2 & 3 DWR# 14-0874 401 AND BUFFER APPROVAL Page 2 of 4 Amount Approved (units) Temporary 0 (linear feet) 0 (square feet) 0 (square feet) 0 (square feet) 0 (square feet) 0 (square feet) 0 (square feet) 0 (square feet) 0 (square feet) 0 (square feet) 0 (square feet) 0 (square feet) 0 (square feet) 0 (square feet) 0 (square feet) 0 (square feet) 0 (square feet) Cedar Lakes—Tracts 1, 2 & 3 DWR# 14-0874 401 AND BUFFER APPROVAL Page 3 of 4 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. 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 15 NCAC 02H .0500. 4. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification and Buffer Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. 5. This approval and its conditions are final and binding unless contested. This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH athttp://www.ncoah.com or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail If sending via delivery service via the US Postal Service: (e.g. UPS, FedEx): Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Cedar Lakes —Tracts 1, 2 & 3 DWR# 14-0874 401 AND BUFFER APPROVAL Page 4 of 4 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR-DWR — Webscape Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR-DWR — Webscape Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherri Smith at 919-791-4251 or cherri.smith(@,ncdenr.gov if you have any questions or concerns. Si ere y, Q �„� in J Danny S th Supervisor, Water Quality Regional Operations Section Enclosure: GC 3890 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 Deborah Shirley; Soil & Environmental Consultants; 8412 Falls of Neuse Road, Ste. 104; Raleigh, NC 27615 DWR RRO 401 Files