20071923 Ver 1_Approval Letter_20080717

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
July 17, 2008
Mr. Bill Dreitzler
MS Consultants, Inc.
336-B Carthage Street
Sanford, NC 27330
Re: Villages At Cross Creek Subdivision, Halifax County
DWQ #20071923; USACE Action ID. No. SAW-2008-01516
Chockoyette Creek [030208, 23-29, C]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Dreitzler:
Attached hereto is a copy of Certification No. 3749 issued to Mr. Bill Dreitzler and MS Consultants, Inc.,
dated July 17, 2008. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
CHS/cbk/ijm
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACE
Lauren Witherspoon, DWQ, Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Rohit Bali, ECS Carolinas, LLP, 9001 Glenwood Avenue, Raleigh, NC 27617
Filename: 071923 V illagesAtCrossCreekSD(H a lifax)401_IC
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: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncvvetlands
No e hCarolina
NWA(4a!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Bill Dreitzler and MS Consultants, Inc.
Page 2 of 4
July 17, 2008
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS PERMIT AUTHORIZATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality
(DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Bill Dreitzler and MS Consultants, Inc., to fill or
otherwise permanently impact 5.0 acres of 404/wetland and 833 linear feet perennial stream to reconstruct
an amenity pond at the site, which is located between NC Highway 125 to the east, SR 1683 to the west,
and SR 1686 (Smith Church Road) to the north, near Roanoke Rapids, Halifax County, North Carolina,
pursuant to an application dated November 9, 2007, and received by the DWQ on November 13, 2007, and
by Public Notice by the U.S. Army Corps of Engineers issued on the 16th day of May of 2008 (received by
DWQ on May 19, 2008), and by additional information received on March 26, 2008, June 30, 2008, and
July 16, 2008.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This Approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Approval is required. If the property is sold, the new owner must be given a copy of the Approval and
Approval letter and is thereby responsible for complying with all conditions of this Approval. Any new
owner must notify the Division and request the Approval be issued in their name. Should wetland or
stream fill be requested in the future, additional compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change
in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing
and a new application for 401 Certification may be required. For this Approval to be valid, compliance
with the conditions listed below is required.
Conditions of Approval:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Approval are met. No other impacts are approved including incidental impacts:
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 5.00 (acres) Application and PN
Stream - erennial 833 linear feet) Application and PN
Sediment and Erosion Control:
2. 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.
Mr. Bill Dreitzler and MS Consultants, Inc.
Page 3 of 4
July 17, 2008
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.
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 404/401 Permit Application. 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. 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;
Continuing Compliance:
Mr. Bill Dreitzler and MS Consultants, Inc. shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements
of State law and federal law. If the Division determines that such standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that State or federal law is
being violated, or that further conditions are necessary to assure compliance, the Division may
reevaluate and modify this Approval to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying
the Approval, the Division shall notify Mr. Bill Dreitzler and MS Consultants, Inc., and the US
Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and
provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or
revised conditions shall be provided to Mr. Bill Dreitzler and MS Consultants, Inc. in writing,
shall be provided to the United States Army Corps of Engineers for reference in any Permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the
404 Permit for the project;
Mitigation:
7. 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
Mr. Bill Dreitzler and MS Consultants, Inc.
P
Program Office age 4 of 4
), no impacts specified in this Authorization Certificate shall July 17 2008
should be contacted at [phone] if you have an
restoration fund. You have 90 days from the date of this question a concerning occur. The EEP
accounting purposes, this Authorization Certificate authorizes g payment into a
Restoration Fund to meet the following compensatory pp 1 to make this payment. For
payment into the Wetlands
T e ofIm act mitigation requirement:
404/Wetland Com ensator Miti ation Re wired
Stream erennial) 5.0 (acres River and Sub-basin Number
833 (linear feet) Roanoke/03010107
8• Construction Stormwater Permit NCG01 Roanoke/03010107
0000
Upon the approval of an Erosion and Sedimentation_ Control
Resources (DLR) or a DLR delegated local erosion
NPDES General stormwater Permit (NCGO1 0000) administered Plan i by DW issued by the Division of Land
program, ly
to the project. This General Permit allows sto rmwater
in th and to r disc sedimentationharged control during !and disturbing
construction activities as stipulated by conditions in the permit. Q is automatically issued
permit [applicable to construction
with permit conditions including the Prjects that sedimentation contr one 1 If your project is covered b
and reporting requirements or by are required. A copy °l plan,'self-monitorin compliance
be found at htt . / Vo. enr.state,nc. us/su/Form Document permit and monitoring record keeping
ing report forms may
9. Certificate of Completion s•htm.;
Upon completion of all work a
the applicant is required to return the attached certificate of
Review Permitting Unit, North Approval and any subsequent modifications,
Overs ight/Express NC, 27699-1650. Quali
Service Center, Raleigh, Carolina Division of Water 401
Also, this h', 1650 Mail
depicted in Approval to proceed with
your your proposed impacts or to conduct impacts
application shall expire upon expiration of the 404 or CAMA
to waters as
If this Approval is unaccep Permit.
within six table to you, you have the ri ht to hearing Upon ty (60) days following receipt of this Approval g an adjudicato
ion conforming . This request must e in the form of atwr request
to Chapter 150B of the North Carolina General Statutes
Administrative Hearings, 6714
petit Raleigh, and filed with the Office of
made to an original Approval, Mal Service Center, rotten
written re you have the ri N.C. 27699-6714. If modifications are
quest within sixty (60) days followingh? adjudicatory hearing on the modifications upon
this Approval shall be final and binding, g receipt of the Approval. Unless such demands are
made,
This the 17th day of ]u
D O OF 008
QUALITY
3 749 Coleen H. Sullins
CHS/cbk/ ,,n
?OF WATF9 p Michael F. Easley, Governor
William G. Ross Jr., Secretary
t7,.„ 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. Bill Dreitzler and MS Consultants, Inc., have permission as outlined
below to fill or otherwise impact 5.0 acres of 404/wetland and 833 linear feet perennial stream 0.72 acres of
404/wetland and 3,412 linear feet of perennial stream associated with reconstruction an amenity pond at the site,
which is located between NC Highway 125 to the east, SR 1683 to the west, and SR 1686 (Smith Church Road) to
the north, near Roanoke Rapids, Halifax 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
NC EEP NAME: The Villages At Cross Creek
DWQ PROJECT #: 20071923
LOCATION: Roanoke Rapids
COUNTY Halifax
BASIN/ SUB BASIN Roanoke/03010107
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).
Impacts Mitigation
5.0 Acres of 404/Wetlands 5.0 Acres of 404/Wetlands
833 Linear Feet of Perennial Stream 833 Linear Feet of Perennial Stream
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: 071923 VillagesAtCrossCreekSD(Halifax)401_IC_EEP
-N One aro .na
atura!!y
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://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Certification of Completion-
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ 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,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , 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 Permittee 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.
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date