HomeMy WebLinkAbout20061747 Ver 2_Approval Letter_20081006O?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
Coleen H. Sullins, Director
Division of Water Quality
October 6, 2008
DWQ Project # 06-1747, Ver. 2
Durham County
Mr. Jake Austin
Highland Park Properties, LLC
400 Riverwood Drive
Clayton, NC 27520
Subject Property: Highland Park Subdivision
Crooked Creek [030401, 27-2-18, WSIV, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions -
REVISED2
Dear Mr. Austin:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.583339 acres of 404/wetland (0.421118 acres permanent
impact and 0.162221 acres temporary impact), 266 linear feet of perennial stream (134 linear feet
of permanent, perennial stream impact and 132 linear feet temporary, perennial stream impact),
and 27,306 square feet of Zone 1 Neuse River basin protected riparian buffers and 50,449 square
feet of Zone 2 Neuse River basin protected riparian buffers, as described in your applications
dated July 21, 2008, and July 25, 2008, and received by the Division of Water Quality (DWQ)
on July 22, 2008, and July 28, 2008, respectively, with additional information received by you on
August 28, 2008, to construct the proposed residential development at the site. After reviewing
your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3699 and 3705 (GC3699) and (GC3705). The Certification(s) allows
you to use Nationwide Permit(s) NW 12 and NW29, respectively, when issued by the US Army
Corps of Engineers (USACE). This Certification replaces the Certification issued to you on
September 30, 2008. 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.
One
Carolina
401 Oversight/Express Review Permitting Unit atumilly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httn:/ih2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Highland Park Properties, LLC
Page 2 of 6
October 6, 2008
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:
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.583339 [(acres) PCN appl cations
Stream - perennial 266 [(linear feet) 134 linear feet of
permanent, perennial stream impact and 132
linear feet temporary, perennial stream
impact] PCN applications
Buffers Zone 1 27,306 (square ft.) PCN applications
Buffers Zone 2 50,449 (square ft.) PCN applications
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.
Highland Park Properties, LLC
Page 3 of 6
October 6, 2008
All sediment and erosion control devices shall be removed and the natural grade restored
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
(htt-p://www.ncdot.org/doh/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
Highland Park Properties, LLC
Page 4 of 6
October 6, 2008
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.
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 NCAC
02B .0233(5)), you have provided the DWQ with level spreader designs received by the
DWQ on August 28, 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 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 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 & Maintenance (O&M) agreement signed by the current landowner must
be approved by the DWQ. 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.
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
streams and buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property,
or of individual lots, whichever is appropriate. 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.
Highland Park Properties, LLC
Page 5 of 6
October 6, 2008
8. Stormwater Management Plan (SMP) Approval Required
Before the impacts specified in this Certification may occur, the applicant must meet all
of the provisions set forth in the document Stormwater Management Plan (SMP)
Requirements for Applicants other than the North Carolina Department of
Transportation, available at:
http://h2o enr state nc us/ncwetlands/documents/SMPRequirementsforAp,olicantsothertha
nNCDOT_pd£ The required SMP documentation must be submitted within 60 days of
the issuance of the 401 Water Quality Certification to the DWQ (401 Oversight and
Express Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604).
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 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
impacts associated with that phase may occur.
• 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.
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
Highland Park Properties, LLC
Page 6 of 6
October 6, 2008
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 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.
Sincerely,
Coleen H. Sullins
CHS/ijm
Enclosures: GC3699 and GC3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Matt Matthews, DWQ Branch Manager
Jonathan Hopkins, Delineations Plus, P.O. Box 3097, Chapel Hill, NC 27515-3097
Filename: 061747Ver2HighlandParkSD(Durham)401 _NBR_Revised2