20061798 Ver 6_Approval Letter_20080915

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
September 15, 2008
DWQ Project # 06-1798, Ver. 6
Johnston County
Mr. Ronald Mikesh
Summerwind Plantation, LLC
3061 Berks Way, Suite 202
Raleigh, NC 27614
Subject Property: Summerwind Plantation
Ut to Swift Creek [030402, 27-43-(8), C, NSW]
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. Mikesh:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.12 acres of 404/wetland, 165 linear feet of perennial
stream, 230 linear feet of intermittent stream, 0.01 acres of open water impact (pond), and 14,324
square feet of Zone 1 Neuse River basin protected riparian buffers and 10,125 square feet of
Zone 2 Neuse River basin protected riparian buffers, as described in your application dated
February 8, 2008, and received by the Division of Water Quality (DWQ) on February 12, 2008,
with additional information received April 16, 2008, August 13, 2008, and September 5, 2008,
to construct the proposed residential subdivision at the site. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s)
3704 (GC3704) and 3705 (GC3705). The Certification(s) allows you to use Nationwide
Permit(s) NW14, NW18, and NW29 when issued by the US Army Corps of Engineers
(USACE). 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.
The Additional Conditions of the Certification are:
QiACarofina
401 Oversight/Express Review Permitting Unit N aturaliff
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httv://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Summerwind Plantation, LLC
Page 2 of 6
September 15, 2008
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:
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 0.12 Acres PCN page 5 of 10
Stream - perennial 165(linear feet) PCN pages 4 and 5 of 10
Stream - intermittent 230 (linear feet PCN pages 4 and 5 of 10
Open Water and 0.01 (acres) PCN page 5 of 10
Buffers Zone 1 14,324 (square ft. PCN pages 8 and 9 of 10
Buffers Zone 2 10,125 (square ft.) PCN pages 8 and 9 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
Sediment and erosion control measures shall not be placed in wetlands or waters without
prior approval from the Division. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands
or stream beds or banks, adjacent to or upstream and down stream of the above structures.
All sediment and erosion control devices shall be removed and the natural grade restored
Summerwind Plantation, LLC
Page 3 of 6
September 15, 2008
within two (2) months of the date that the Division of Land Resources or locally delegated
program has released the project;
5. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
BMP measures from the most current version of NCDOT Construction and Maintenance
Activities manual
(http://www.ncdot.or /dg oh/operations/BMP manual/download/BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to
prevent excavation in flowing water.
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 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 foot 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
Summerwind Plantation, LLC
Page 4 of 6
September I5, 2008
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 o eac
culvert site to document correct installation along with the Certificate of Completi h
form. on
6. 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)
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCC
02B .0233(5)), you have provided the DWQ with level spreader designs received by
DWQ on August 13, 2008. The DWQ believes that if implemented, as per these the
diffuse flow will be achieved. However, if diffuse flow as per 15A NCAC 02B .plans,
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 erosion gullies. At n
time
shall stormwater from the proposed development be piped directly throu h the bu
without prior DWQ written authorization. g ffer
The structural stormwater practices as approved by this Office as well as drainage
patterns must be maintained in perpetuity. No changes to the structural stormwa er
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
of
all stormwater conveyances on all lots containing these structures including future access
s
for maintenance. The stormwater easements shall allow for the ability to maintain cess
structures, perform corrective actions as described above and shall provide protectioneof
the structures from potential alternations by future property owners.
An Operation & Maintenance (O&M) agreement signed by the current landowner
be approved by the DWQ. This O&M agreement must transfer with the sale o must
or transfer of responsibility for the stormwater facilities and the DW f the land
every transfer. Q must be notified of
All bypass channels must be constructed in such a manner that they do not infri
upon diffuse flow through the filter strips. nge
7. Written Stormwater Management Plan (Final Approval Needed)
No impacts associated with this development may be conducted until the DW h
received documentation of the Johnston County's approval of the stormwater Q as
management plan for this project by providing EITHER:
• A valid approval letter from the Johnston County indicating that the proposed
activity has an approved SMP and one copy of the approved SMP, includin lan
details, calculations and other supporting information, OR g p
Summerwind Plantation, LLC
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September 15, 2008
• A set of stormwater plan details and calculations stamped as "Approved" by
Johnston County.
Mitigation:
8. Compensatory Mitigation Using the Earthmark Mitigation Bank and 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 Earthmark Mitigation Bank and
Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. These methods have been determined by the
DWQ to be a suitable to meet the mitigation requirement. Until the Earthmark
Mitigation Bank and EEP receives and clears your checks (made payable to: Earthmark
Mitigation Bank and DENR - Ecosystem Enhancement Program Office), no impacts
specified in this Authorization Certificate shall occur. The Earthmark Mitigation Bank
and EEP should be contacted at [phone]) and [phone], respectively, 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 Compensatory Mitigation Required River and Sub-basin Number
Stream (perennial) 165 (linear feet Neuse/03020201
Buffers Zone 1 7,329 (square feet) Neuse/03020201
9. 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;
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.
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.
Summerwind Plantation, LLC
Page 6 of 6
September 15, 2008
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.
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.
CHS/Um
Enclosures: GC3704 and GC3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
Matt Matthews, DWQ
DLR Raleigh Regional Office
File Copy
Central Files
Phil May, Carolina Ecosystems, Inc., 8208 Brian Court, Garner, NC 27529
Filename: 061798Ver6SummerwindPlantation(Johnston)401 _NBR
W A T ?9PG
7
O `r
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. Ronald Mikesh and Summerwind Plantation, LLC, have permission
as outlined below to fill or otherwise impact 0.12 acres of 404/wetland, 165 linear feet of perennial stream, 230
linear feet of intermittent stream, 0.01 acres of open water impact (pond), and 14,324 square feet of Zone 1 Neuse
River basin protected riparian buffers and 10,125 square feet of Zone 2 Neuse River basin protected riparian
buffers, at the site, which is located off Glen Road, near Garner, in Johnston 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 Summerwind Plantation
DWQ PROJECT #: 20061798, Ver. 6
LOCATION: Garner
COUNTY Wake
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).
Impacts Mitigation
2,443 Square Feet of Zone 1 Buffers 7,329 Square Feet of 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: 061798Ver6SummerwindPlantation(Johnston)401 _NBR_EEP
401 Oversight/Express Review Permitting Unit No?atu'railna
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/l 0% Post Consumer Paper