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HomeMy WebLinkAbout20061556 Ver 3_More Info Received_20081124TRUE LINE SOILS, INC. (;?"/T\q4) To: Mr. Ian McMillan and Ms. Annette Lucas 24 November 2008 Re: Request for Information Lockwood Forest Phase IV DWQ Project #06-1556, Ver. 3 Johnston County Dear Mr. McMillan and Ms. Lucas, This letter is to address the items requested on 5 November 2008. Per our meeting on 21 November 2008, we have outlined the responses to the requested items below. I . No lots contain wetlands, streams or buffers. Additionally, all wetlands, streams, and buffers are proposed to be set-aside in permanent conservation easements. 2. The approved SMP was submitted in the initial and re-submissions. Additional copies of the plan and approval letters have been provided. 3. The requested crossing impacts for Phase IV have not been conducted. 4. Per our conversation with Ms. Annette Lucas, level spreader No. 1 has been designed parallel to the contour lines. If you have any further questions please contact us. Thank you. Sincerely, Neal Floyd, LSS VIRI'L-5?0WR @ NOV 2 4 2008 DENR - WATER QUAUTY WE?lANDS AND STORMWATER BRANCH 205 W. Main Street, Clayton, NC 27520 (919) 359-0427 • Fax: (919) 359-0428 State of North Carolina Department of Environment and Natural Resources Raleigh Regional Office Michael F. Easley, Governor William G. (Bill) Ross, Secretary ? W ?. WPM NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LETTER OF APPROVAL January 5, 2007 Brad Gordon PO Box 327 Clayton, NC 27528 RE: Project Name: Lockwood Forest County: Johnston Submitted by: John W. Harris, PE Date Received: 12/08/06; 01/04/07 Date Processing Initiated: 12/08/06 Watershed: Neuse #1/03-04-02 New Submittal () Revised () Dear Mr. Gordon: fW 1. 0 NO V 2 4 2008 DENR - WATER OUAiJTY WETLANDS AND STORMWAIER BRANCH This office has reviewed the subject Erosion and Sedimentation Control Plan. We find the plan to be acceptable and hereby issue this letter of approval. If any modifications, performance reservations, or recommendations are applicable, a list is enclosed and is incorporated as a part of this letter of approval. The enclosed Certificate of Approval should be posted at the job site. In addition, it should be noted that this plan approval shall expire three (3) years following the date of approval, if no land-disturbing activity has been undertaken, in accordance with Title 15A, North Carolina Administrative Code (NCAC) 4B.0029. If any modifications are not incorporated into the plan and implemented in the field,, the site wil l be in violation of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute (NCGS), 113A-61.1). 15A NCAC 4B.00I 8(a) requires that a copy of the approved plan be on file at the job site. Also, this letter gives the notice required by NCGS 113A-61.1(a) concerning our right to perform periodic inspections to ensure compliance with the approved plan. North Carolina's sedimentation pollution control program is performance oriented, requiring protection of the natural resources and adjoining properties. If at any time during this project it is determined that the Erosion and Sedimentation Control Plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (NCGS 113A-51 through 66), this office may require revisions in the plan and its implementation to ensure compliance with the Act. 1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919)791-4200 FAX (919)571-4718 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper Brad Gordon January 5, 2007 Page 2 Acceptance and approval of this plan is conditioned upon your compliance with applicable federal and state water quality laws, regulations and rules. This could include the Division of Water Quality under stormwater or other specific water quality standards, and the U.S. Army Corps of Engineers under Article 404 jurisdiction. Our approval does not supersede any other required permit or approval. Since this project disturbs one or more acres, one such approval relates to the stormwater that will discharge from your project. This runoff is permitted pursuant to the National Pollutant Discharge Elimination System (NPDES) administered in North Carolina by the Division of Water Quality (DWQ). Attached is the General Stormwater NPDES Permit, NCGO10000, as revised October 1, 2001, covering your activity. You are responsible for complying with the General Permit requirements and are subject to enforcement by DWQ for any violations of the General Permit. Due to the location of this project, it should be noted that a rule to protect and maintain existing buffers along watercourses in the Neuse River Basin became effective on July 22, 1997. The Neuse River Riparian Area Protection and Maintenance Rule (15A NCAC 213 .0233) applies to all perennial and intermittent streams, lakes, ponds and estuaries in the Neuse or Tar-Pamlico River Basins with existing vegetation on the adjacent land or' riparian area". In riparian areas with existing vegetation in the first 30 feet directly adjacent to the stream, the rule prohibits land disturbance or new development within the first 30 feet of land next to the water (the remaining 20 feet of the total buffer must be revegetated upon completion of any proposed land-disturbing activity). In riparian areas with existing vegetation that is less than 30 feet wide, the rule prohibits land disturbance or new development within the area that contains the existing vegetation (but not the entire 50 foot riparian area). For more information about this riparian area rule, please contact the Division of Water Quality's Wetland/401 Unit at 919-733-1786, or a Division of Water Quality representative at this regional office. Please note that this approval is based in part on the accuracy of the information provided concerning financial responsibility. You are requested to file an amended Financial Responsibility Form if any changes become necessary. In addition, it would be helpful if you would notify this office when the proposed land-disturbing activity covered by this plan is initiated. Your cooperation is appreciated and we look forward to working with you on this project. If there are any questions, please do not hesitate to contact this office. Sincerely, Karyn Pageau, EIT, CPESC Asst. Regional Engineer Land Quality Section KP:clm cc: John Harris, John W. Harris, PE Consulting Engineering Regional Supervisor, Division of Water Quality 1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919)791-4200 FAX (919)571-4718 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper Brad Gordon January 5, 2007 Page 3 PLAN REVIEW COMMENTS PROJECT NAME: Lockwood Forest DATE RECEIVED: 12/08/06; 1/04/07 LOCATION: Johns-2007-036 New Submittal (X) Revised o Reasons for Disapproval () Modif REVIEWED BY: TWV/CP J Approved (X) Disapproved () ns () Performance Reservations RECOMMENDATIONS AND/OR COMMENTS: Lot disturbances not covered plan, only roads and utilities. Separate plans needed for disturbances greater than or equal to 1 acre per owner. 1628 Mail Service Center, Raleigh, NC 27699.1628 Telephone (919)791-4200 FAX (919)571-4718 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper jam /j - 1? I e""dy DEPARTMENT OF PUBLIC UTILITIES POST OFFICE BOX 2263 SMITHFIELD, N.C. 27577 (919) 989-5075 March 19, 2007 CBE Development, LLC PO Box 327 Clayton, NC 27528 Attn: Eric B. Gordon Re: Lockwood Forest Subdivision Stormwater Management Statement and Plan Dear Mr. Gordon: We have reviewed the revised Stormwater Management Plan and calculations submitted for the proposed Lockwood Forest Subdivision. Based upon the information submitted, the Stormwater Management Plan has been approved with the following stipulations: 1. The Final Plat must indicate an additional drainage easement upstream of pipe Q (an easement was provided upstream of pipes N and D, but not pipe Q on the submitted plans.) In addition, the drainage easements upstream of pipes Q and D must follow the natural flow path of the existing draws, which is not always the property line. Given the inaccuracies of the topographic information available, a field inspection must be requested prior to recordation of the Final Plat to verify the location for these drainage easements. 2. Prior to recordation of the Final Plat, a site inspection must be requested to verify that the proposed drainage easements follow the existing natural flow path and that additional measures to achieve sheet flow are not required downstream of several of the proposed pipes and outlet ditches. 3. The easement provided through Lots 15-19 will not minimize cross lot drainage, but will simply create a point for runoff to concentrate. This may require additional driveway culverts for each of these lots. It is suggested, that a Swale perpendicular to flow be constructed along one of the lot lines to collect and redirect the runoff into the roadside swale. An inspection must be requested prior to recordation of the Final Plat to determine if the solution provided will be adequate or if a constructed swale is required. 4. Please be advised that any additional or relocated drainage easements required as listed above may interfere with utility locations and septic bed locations. It is recommended that all drainage easements, as required, be accurately located before utilities are installed and before septic locations are finalized. 5. Please provide a copy of the recorded restrictive covenants and a note on the Final Plat limiting the impervious area on each of the 51 lots to 5,591 SF. Printed on recycled paper 6. Please provide a copy of the recorded restrictive covenants noting who will be responsible for maintenance of all drainage facilities located outside of the proposed NCDOT right of way. 7. A Nitrogen Offset Payment will be required for the proposed development. Please provide a payment in the amount of $9,772.62 to the "North Carolina Ecosystem Enhancement Fund" (formerly known as the Wetland Restoration Fund) for the buydown of 29.61 lbs/yr of Nitrogen. The payment and a copy of the final stormwater management plan approval letter should be sent to the attention of Kelly Williams at the following address: NC DENR EEP 1652 Mail Service Center Raleigh, NC 27699-1652 8. Prior to recordation of the Final Plat, please provide an 8.5"x11" driveway culvert size chart sealed and signed by the engineer for all lots. 9. Prior to recordation of the Final Plat, please provide a stormwater certification stating that all stormwater facilities were constructed in accordance with the approved stormwater management plan. 10. Please indicate all drainage easements, riparian buffers, jurisdictional wetlands, and flood hazard areas on the Final Plat. A copy of this letter will be forwarded to the Planning Office for their files. If you have any questions or need additional information, please contact me at (919) 209-8333 or by email at Jennifer.willis(aiiohnstonnc com. Very Truly Yours, Jennifer A Willis C: Berry Gray, Planner John W. Harris, PE Chandra C. Coats, PE ENGINEERING REPORT STORMWATER MANAGEMENT PLAN FOR LOCKWOOD FOREST SUBDIVISION RECEIVED FEB 13 2006 0 JOHN W. HARRIS, P.E. CONSULTING ENGINEER 7909 OCOEE COURT RALEIGH, N.C. 27612 (919) 789-0744 REVISED; 01-15-07 o e. LOCATION; The project site is located off the east side of Fire Dept. Road in the Lockwood Forest Subdivision. It is approximately 0.5 miles north of the intersection of Main Street and Fire Dept. Road. The site is also approximately 0.7 miles southwest of the Stewart Lane and Fire Dept. Road intersection This Project is not located within an Environmentally Sensitive Overlay District. DEVELOPER: The Developer is: Brad Gordon 2990 Powhatan Road Clayton, N.C. 27520 The Project Engineer is: John W. Harris, P.E. Consulting Engineer 7909 Ocoee Court Raleigh, N.C. 27612 (919) 789-0744 GENERAL INFO MAT N The total Acreage of the Tract is approximately 57.04 Acres. 67% of the property is forested and 0.7% has been cleared. The remaining 32.1% is low land and marsh the low area is most likely wetland. Further investigation was needed to delineate the 401 & 404 designations. That information will be included in our attachments. IMPERVIOUS AREA. Approximately 3780 linear feet of roadway will be needed to develop this Property. The proposed Right-of-Way is intended to be 50 foot wide with an 18 foot paved roadway surface. The developer intends to use NCDOT approved open ditch construction in lieu of curb & gutter. Zoning for this property is AIL Lot sizes will average 1.1 Ac's. each (48910 sf +). The proposed houses are expected to be no larger than 38 foot by 50 foot. And each lot may have as much as a 100-foot driveway that would be 12 feet wide, and there is the possibility of a 10 foot by 10 foot utility storage building being placed on the lot. Based upon the Stormwater Manual, the allowable impervious area for residential sites in a non Environmentally Sensitive Overlay District is 15% (without additional BMP's). There are 51 lots planned for this subdivision. The anticipated impervious surface area for these lots is computed as follows. Each Lot: Drivve/walk 12' x 1050' = 0' - 1200 sf APPROVED Storage Bldg. 10 x 10 = 100 sf Total per lot = 3200 sf?' J( 51 lots x 3200 sf = 163,200 sf "Projected" Johnston County Roadway; (ByAutoCAD) 87,549.27 sf Public Utilities TOTAL: 87,549.27 sf + 163,200 sf - 250,749.27 sf or 5.76 Ac's. of total impervious surface area by design. Allowable Impervious Area = 57.04 Ac's. x 15% - 8.556 Ac's. (372,699 sf) The anticipated impervious area is well below the allowable impervious area and is less than 15%. Therefore, Land dedication will not be required. The allowable impervious surface for each lot shall be revised to: 372,699 allowed - 87,549.27 for roads/51 lots = 5,591.18 sf/lot PEAK RUNOFF it UC77ON• This Tract is bordered by Middle Creek and is considered not to be a significant portion of the total drainage basin at this location. Since the total anticipated impervious surfaces are well below 15%, peak flow attenuation is not required. Per : Chapter 3 Hydrology and Hydraulics; Section 3.1 Design Storms To reduce stream degradation, run-o,8 from all new development must limit the post development peak run-o f'; from the 1 yr, 24 hr. storm to that of the pre-development peak run-off rate from the ]-yr. 24 hr. storm. Attenuation of the 1 yr. storm is not required in the following situations. a) The increase in peak flow between the pre- and post-development conditions does not exceed 10%. b) The proposed new development meets all of the following criteria: 1. Overall Impervious surface is less than 15%, and 2. The remaining pervious portions of the site are utilized to the maximum extent practical to convey and control the runoff The Project will maintain less than 15% impervious surfaces, and the design layout incorporates large lots, level spreaders for water quality and Neuse River Riparian Buffers; this effectively maximizes the developments effort to control storm water runoff quality. The requirement of a Predevelopment post development comparison of the tributary located along the southern property boundary is not required. Use method # 2 See Chart; figure 2.2.02 The total nitrogen loading from this site is 200.562 #/year / 57.04 Ac's. = 3.52 #/ac. This is less than the 3.6 #/ac. limit; therefore, no nitrogen offset payment or water quality BW's will be needed. When using Method 1 to calculate Total Nitrogen Export the following guidelines should be adhered to when estimating the TN Export Coefficient from Graphs 1 and 2: 1. To determine the percentage of Right-of-Way that is pavement, the entire roadway surface within the ROW should be used. 2. To determine the Number of Dwelling Units per Acre, only the land area within the proposed single-family lots should be used. The area should also exclude all land that is already utilized as undisturbed or managed permanently protected open space. Figure 4.2.02: Method 2 for Quantifying TN Export from Residential / Non- residential Developments When Footprints of all Impervious Surfaces Shown Step 1: Determine area for each type of land use and enter in Column 2. Step 2: Total the areas for each type of land use and enter at the bottom of column 2. Step 3: Multiply the areas in Column 2 by the TN export coefficients in Column 3 and enter in Column 4. Step 4: Total the TN exports for each type of land use and enter at the bottom of Column 4. Step 5: Determine the export coefficient for site by dividing the total TN export from uses at the bottom of Column 4 by the total area at the bottom of Column 2. (?) (2) 3 4 T Type of Land Cover Area (acres) TN Export Coeff. TN export from (lbs/ac/yr) use (lbs/yr) Permanently protected 0.6 undisturbed open space (forest, un-mown m ow, i w etc.) N it 1Z Permanently proteethd 2 managed open space (lawn, grass, landscaping, 42-31 • $i?8 etc. Impervious surfaces 21.2 (roads, parking lots, driveways, roofs, paved or S`t" QQ$ 14,5 graveled storage areas, t raveled roads etc. TOTALS G 0 4.3 Maximum Total Nitrogen Export Limits .200.561. 3• ??? ?„ 3 •?o S,7.04 . For all new development, the maximum allowable nitrogen-loading rate shall be held to 3.6 • • GK Ibs/actyr. For loading rates exceeding 3.6 Ibs/ac/yr, developments have the following three options: • BMPs can be installed to reduce the nitrogen-loading rate from the Development to the allowable rate, • A one-time payment (offset payment) can be paid into the Ecosystem Enhancement Fund, or • A combination of BMPs and a one-time offset payment. The following Tables (Table 4.3.01 and Table 4.3.02) further breakdown how developments can apply the options described above. Maximum buy down limits do apply and the guidelines are based on whether or not the development is located within the Environmentally Sensitive Area. 30 Draft Revised 1/07 EXISTING DRAINAGEWAYS: This site has one major drainage way, which traverses the southern border of the site (see maps and attachments). The existing drainage way will be preserved with 50-foot riparian buffers measured from the stream bank on each side of the stream (where property boundaries allow). An additional Stream bisects the site and will also be preserved with 50-foot riparian buffers measured from the stream bank on each side of the stream. The DWQ review letter has been included with this report to indicate the designated streams and required locations for Neuse River Riparian Buffers. DOWNSTREAM AND UPSTREAM DRAINAGE STRUCTURES The Project site, as noted above is located along an un-named tributary to the Neuse River. The site is approximately 32001f upstream of the Neuse River. There are no drainage structures in or over the un-named tributary between the point it leaves the site and the Neuse River. Due to the large degree of open and undevelopable lot areas in this subdivision and due to its relatively small size, the stormwater impact is minimum and it will have an insignificant impact on the existing natural channel and the Neuse River. w b y W O w # y # O I-w h?l % Q y 1?+ C y d y co O U 0 y n \ \ \ \ 3 ? R Q. A R ? Y ? d 3 ? ? 2 r = ? O ? Qj. 9 = d gg v _ 8 ? V S B ? s ! s V a aa $ KOq ? 5 5 B ?, R 8 qn 4 a ? = 6 g .F?jtj la j 3 r t 1.1 . x? ? ? tP a?n ? w . 1 - 141 & ctL ? t { U \o 0 M i 0 N 4J f? Q C G O w 8 m W F d 41 # ? O w Q O U u .g a V q a r1 ? u U ? ?1 ? E w c 0 U O C C O N A I m OI U O m O c0 m a _Q0 V N .Q m ccc G m L t C O m c LM v rn C c O N N O E G 0 m t] .d Q H a u G O LO # y # # 1:4 O ' 0 a C a r.r y A? # 9 40 E yy R a5T+ O U G O y O L-D O rd i 0 v JJ (d A u O Q 0 H c .y d m r. S cc c g? VC '^p L a d 3 °.2 Q m T O y U u r 4J W v 44 0 0 Ln It U r-1 v r-q b U h U' au: ioa. tfUtiHY Fuqua 3i5-772-6435 P.1 ?. r r r ? ._ mac;. ct i' ? J . ?' t? .J o a A •? i6d r ----. ..L YTJJ P. j „_Ju7-31-OG_06s32 ? DartfQ1 J. 8TiiQy .919 934 8610 P_02 i' ?dF w?rCC?QO "Ch" F. E". Governor 1 _ ,? G7 Wow G. Ra" Jr., 6?petary Ji ; C dF wkwww*and Nsoural Ryas Y G 'C Alan W. MAWK P.E. Dlnctor Division Of Water QuM* MY 26.2006 Daniel r. Bliley 614 South Second St. Smithfield. NC 27M Atha Mr. Du BhIcy BASIN; Neuse River X (1SA NCAC 28.0233) Complaint rar Pamlico (13A NCAC 2B M59) NOV Buffer NBR# 06-185 Johnston County X Pt'Rim Naa= Lockwood FOrsst SubdivhNoa I.ocaua? . lust norL .,` ur thethe Neus -ah t M•t O° sass s' ..oar.. , . . Subject Stream: Date of Determination: 7t2W006 "I'll or ? s) ?d Awe bas or have been located on ON Soil SWvty of Johnston Couray, North C"Not wA Or hasbeen c of the USGS Topogmphic amp at a 1:24.M sale, Eacb feaa+re duu is dwjw "Not Subject* have been ls d ed mW sot to be a site- or is sot praaar on the prgm . Features that arse chectoed **been other O loathe ?y w W Pisa charailgristiCS that quatiff it to be a t earn. 'here be so"Os ct- have maybe osidered ?l to that do ant allow up on the maps referenced above but, still 4' the EIS AnRY Corps of EN&eers and/or to the Division of Water Ca w .J?rtlrm!/y llC to the Meuse River iOl? ewe o[ M+aex Qwi;gr 16211 M4 X 27ff9 PFhM (919 79142Wt i t S?a'v`i An 1W 0? ACOm egoCtrr-Sn Rsgdadr>pS postCoemsnsrper .. ? i .? r r L O'7 J J fJ 4 _Ju1-31-06 06c32A Daniel J. Bliley 919 934 8610 P.03 Lotdwood Forest Site .Johnston County 7126=6 Page 2 of 3 This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination trade by the DWQ or Delegated Local Authority that a surface water e=ists and that It is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ Wetlattds/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an 2d judicatory hearing. You must act within 60 days of the date that you receive ibis letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination Is final and binding union you ask for a bearing within 60 days. The (owner/future owners) should notify the Division of Water Quality (including say other Local, State, and Federal Agencies) of this decisiom concerning any future correspondences regarding the subject property (stated above). Ibis project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Of ice) at (919)-733-1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)576-8441. Respectfully, Michael Horan Environmental Spec. I CC: Shandn Coats-. Johnston County Govaument, P.O. Box 1049, Smithfield, NC 27577 Jamie Shern-US Army Coaps of Engineers, Raleigh Regulatory Officc Wetlands/ Stotmwatcr Branch, 2321 Chbtree Blvd, Suite 250, Raleigh, NC 27604 RRO/SWP Files Central Files NP?, ?` Carolina .1vadurally Norsh Carolina Division of water Quality Raiciah Removal Office Surface Wald' Proteeaon k+ Phone (919) 791-1200 Customer Service ne[ 1i? as 1628 Mat) Service Censer RaWtk NC 2 7699-1 62 9 FAX (919) 571.4718 1.877-623-6748 An Egwl OMOrlUWA*Mt4 AcOm EMOOYW-• 50% R,,IMMO% Post CoM,W Paper _ - - - ----Jul-31-06 06s32A Daniel J. Bliley -i ?a r p n LV f A l/ _1 l? G G N O V .J 1 :J r i . lJ 'T J ,.: 919 934 8610 ;- :11.1 ?? v 'SCV' ? •?YV ' r , ..ui :il C) (.3 (J6;.3lA D.]rripl -1. fill lvy 'lid dL? CD Y, CD iA 1 ?a i ; 0.> > F, 1 7 y T n ?9 ? ? .`tuA. rw[a ? ton ' GoA a • 1 t• ? • x MaB ? A'aB ?? PaO • MaA i Ce !rp 1vaA Am 8 M,!6 I %1'? ??- 111" I 1 1 f Nov-20-06 08:26P Daniel J. Bliley 919 934 8610 P.02 Minded F. 6nlry, worm Q Ran 1r. smduy North C=90m Doutmo or Fmv mmmeot ad Nemmt Rammm A1aY W, KHOWL, PA Died w Mm m of Wdw Qadity November 14, 2006 DWQ EXP No. 06-1556 Johnston County CBE, Inc. Attn: Mr. Charles B. Gordon, Jr. P.O. Box 327 Clayton, NC 27S20 Subject Property: Lockwood Formt Subdiviskmh Phase I UT to Neuse River (030402„ 27{39.7 WS-IV, NSWj Approval of 401 Water Quality Certification and Autiorbuiden Certificate per the Neat River Baer Protection Rules (15A NCAC 213.0233) with Additional Conditions Dear Mr. Gordon: You have our approval, in accordance with the attached conditions and time listed below, to culvert and row 105 linear feet of perennilil stream for the purpae otoond&cting the Phase I of the residential subdivision,. as described within your Pro-constmdon Notification Application doted October 31, 2006. The hapecm are covered by Cmeral Water Quality Certification Nmubor 3404. The Certt on allows you to use Nadcowlde Permit NW14 when issued by the US Arno Corps of Eno ms (USAGE}. 1n addWwxk you should obtain or otfrorwise comply with any other requirod federal, state or local permits bef= you go chord with your project including (bat not limited to) Erosion and Sediment Contro4 and Nondisdwp regulations. Abe, this approval to proceed with your proposed bnpacb or to conduct impact to water as depicted In your application shall aspire upon expiration of the 404 Perandt. This approval is for the purpose and design that you described in your application and revised level spreader design calculations and d*Wb (October 31 and November 13, 2006. If you a haage your project, you must notify us and you may be required to send us a new appficadon. If the property is sold, the now owner must be given a copy of this Cart cation and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the fdm) o maW one more of wetland or 1S0 Know hat of stream, cowry mitigation may be required as described in 1 SA NCAC 2H.0506 (h). Tide appmW requires you to follow tie conditions HOW In dw auseied Water Quaft CertlGesdou (GC 3404) and nth add/tlonal conditions listed below. The Additional Conditions of Me C dfieadoa arc i. Impacts Approved The following impacts are hereby approved as bug as all of the other specific and general conditions of this Certification are met. No otter iaapacm an approved Wading hW&ntal imprnctst Impact T)ps Aruoiwtt Approved Pkw Looadm or Rota wwe Stream je!mimo 103 loony fee October 31 2006 PCN 8 NEE?g buffer Zone 1 3,305 L$qM feet October 31, 2006 PCN pqp 12 Riperimt bufBx Zone 2) 1 4,957 (mvere h!5 1_ 31 2006 PCN 12 101 orar ran Rsrlar ftwi ft tm su.ioeeaeao? cycler, tennis Crrotlas xt6lt-Ieo m mom sst a.to.eat.1...?e.s.wea.?a.i?n.Needlco?.i?a 'coax !1l•9]]-1716/FAXl19.7]36N3/tnla?et ii 54100 0ppatOWAnMmodts AWM $mp*U- SM Reerdedll0% Port Cowtlv POW L'd bb)-06M:01 S1"b9?JJ AIA ei.n?? t-ic?.?rT orxa7_17_MA! Nov-20-06 08:26P Daniel J. Bliley 919 934 8610 P.03 CBE, inc. Page 2 of 4 November 14, 2006 2. No Waste, Spoil, Solids. or Fill of Any Kind No waste, spoil, solids, or 611 of any kind shall occrar in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Consumdon Notification and authorized by this approval letter. All construction activities, inaludiag the design, itutallation, operation, and maintenance of sediment and erosion control Best Management Practices, skull 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 design, installation, operation, and maintemce 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 Contra[ Aifbnual. The devices shall be maintained on all constriction sites, borrow site, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project b) 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 ;riot be.phced in wetlands or waters without prior written.. approval by DWQ. If placement of sediment and erosion control devices in watlands and waters is unavoidable, then design and placement of temporary erosion control me minis shall not be conducted in a meaner that may result in d6-equilibrium of wetlands or atnunr beds or banks. adjacent to or ulfstream and downstream of the above structures. All devices shat be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources has released the proojact 5. Protective Fencing The outside buffet, 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 higb visibility material) for the areas that have been approved to h imp within the buffer, wetland or water prior to any lead dkturbing activities to erasure compliance with 1 SA NCAC 2B .0233 and GC 3444. 6. Diffuse Flow Measures Approved The diffuse flow measures (level spreader designs submitted on November 13, 2006) must be implemented and the d mwater mmpmeat facilities shall be mstnicted and operational before any permanent building Is occupied at the subject site. The structural stor. water 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 Wow Quality. 7. Decd Notifications Deed nodficadous or°similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and riparian buffers m order to assure compliance for future wcthu4 water and tipatian buffer impact. These umdaubms shall be pat In plaq prbr to Impact as any wetlands, waters and/or buffm approved for impact under tkk Cerdfladon Approval and Authorhatfoa Cirdflcate. 8.. Coaatruction Stormwatcr Permit NCG810000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegoted local erosion and sedimentation control program, an NPDES General stormwater permit (NCG010000) administered by DWQ is automatically Wood to the project. This General Permit allows mrmwwr to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres), full compliance with permit conditions including the 9"d bOL068L:Ol S?b92)JF,LF :i.n?a H;34,'TT QfM=)_1D_nnK Nov-20-06 08:26P Daniel J. Bliley 919 934 8610 P.04 CBE, Inc. Page 3 of 4 November 14, 2006 sedimentation control plan, self monitoring. record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at flap:#h2o.gwrstate.nc.ua/.rrr/Forms2rgMhtml 9. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profile is not altered. Existing stream dimensions (including the cross section dWernaions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be doaigncd and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes am or become perched, the appropriate stroarm grade shall be w-established or, if die pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. Cnttvert(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). Installation of culverts in wetlands must ensure continuity of water movement and be designed to adoqustely accommodate high water or flood conditions. Existing stream dimensions (including the crone section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Placement of culverts and other structum in waters, streams, and wetlands must be placed below the elevation of the streembed by one foot for all culverts with a diameter greater dm 48 inches, and 20 percent of the culvert diameter for culverts having a diamcter less than 48 inches, to allow low flow passage of water and aquatic lifer The applicant is required to provide evidence that the equilibrium diall be maintained if requested in writing by DWQ. ?he establishment of native, woody vegetation and other soft stream bank stabilization technkltces must be , and wbere practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless specifically approved by the Division of Water Quality. 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 1401 Certification has bean complevA- The responsible party shall complete the attaacbed form and return it to the 40l/Wedanda Unit of the NC Division of Water Quality upon completion of the project. Please send photographs ups"am and downstream of the culvert site to doewnent correct butalladon along with the Cerdfncate of Compkdon form. 10. Work in the Dry All work in or adjacent to stream waters shall be condwW in a dry work area. Approved best management practices from the most outset vasioa of the NC Sedbreent and Freston Con&W Mamral, or the NC DOT Comiructlon mud MaLoWnance ActlvWar Manual, such as sandbags, rock berms, cofferdams, and other diversion sdlnctures shall be used to minimize excavation in flowing water. 11. If concrete is used during the con smiction, then a dry work area should be maintained to prevent direct contact prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life/fish kills, 12. Certificate of Compledon Upon completion of all worst approved within the 401 Water Quality Certification or applicable Huffer Rules, and any subsequent modifications, the applicant is m quuired to return the attached certificate of completion to Ilse 401 Oversighdp.Vresa Review Permitting Unit; North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC„ 27699-1650. 13. Notification of Construction The applicant and/or authorized agent shall correct the DWQ Express Review Program in writing at the letterhead address within ten (10) days of the commencement of construction. S'd t7tL068L:01 S£b9ZLL6t6 :WnM-4 HZf7:11 9AAP-JP-nnr. . . . . Nov-20-06 08:27P Daniel J. Bliley 919 934 8610 P.05 CBE, Inc. Page 4 of 4 November 14, 2006 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 eupire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Catiftc ation (associated with the approved wetland or stream impacts), you may ask for an adjudkdory hearing. You must act within 60 drys of the dtde that you roceive this letter. To ask for a haring, send a written petition, which conforms to Chapter 1508 of the North Carolina General Statutes to die 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 heating. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) atoll 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. I SOB. 'Ibis letter complet a the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian bullet p v=tion rule a described within 15A NCAC 2B.0233. If you have arty questions, please telephone Lis Myott or Cynthia Van Der Wiele at 919-733-1786. AWKIlem Enclosures: GC 3404 Certificate of Completion Sincerely, //,I Alan W. Klimek, P.E. cc: USACE Raleigh Rogutatmy Field OfScs Eric Kula, DWQ Raleigh Regional Office DLR Rakeigh Regional Office File Copy Central Files Daniel Bliley, 614 South Secoad Street, Smlth#ieid, NC 27577 b"d bbL0684:01 S209aL6% :WON-d HTb:11 9MP.-JP-Anti