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Home My WebLink About20081856 Ver 1_Approval Letter_20090116 Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality January 16, 2009 DWQ Project # 08-1856 Orange County Foxcroft Apartments, LLC Mr. Jeffrey Massengill c/o Douthit & Co. 1200 Trillium Circle Raleigh, NC 27606 Subject Property: Foxcroft Apartments Culvert Maintenance Ut to Booker Creek [030606, 16-41-1-15-2-(4), C, NSW] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr, Massengill: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 30 linear feet of perennial stream to conduct the proposed culvert maintenance at the site as described within your revised application dated December 20, 2008, and received by the N.C. Division of Water Quality (DWQ) on December 22,2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3687 (GC3687). The Certification(s) allows you to use Nationwide Permit(s) NW3, 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, Non-discharge, and other 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: Conditions of Certification: I, Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions ofthis Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: . N~{thCarolina /Va/llrnllll 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: 919,733,17861 FAX 919,733,68931 Internet: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Foxcroft Apartments, LLC Page 2 of3 January 16,2009 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. 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. 3. 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 404/40 1 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 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 within two (2) months of the date that the Division of Land Resources or locally delegated program 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 to ensure compliance with 15 NCAC 2H, Section ,0500; Certificate of Completion: 6. 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 401lWetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650, 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. 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 Foxcroft Apartments, LLC Page 3 of3 January 16, 2009 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. This letter completes the review of the Division of Water Quality under Section 40 I of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Lauren Witherspoon in the DWQ Raleigh Regional Office at 919-791-4200. CHS/ijm SJ2:Y' ~Oleen H. Sullins Enclosures: GC3687 Certificate of Completion cc: Lauren Witherspoon, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Matt Matthews, DWQ Wetlands and Stormwater Branch Manager D. James Grove, 3124 West River Road, Franklinton, NC 27525 Filename: 081856FoxcroftApartmentsCulvertMaintenance(Orange)40 1