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Home My WebLink About20090064 Ver 1_Approval Letter_20090226 Beverly Eaves Perdue Governor AVA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director Dee Freeman Secretary February 26,2009 DWQ Project # 09-0064 Cumberland County Commonwealth Road Properties, LLC P.O. Box 8050 Greensboro, NC 27419 Subject Property: Wood Valley Apartments Ut to Cross Creek [030615, 18-27-4-(1), WSN] Approval of 401 Water Quality Certification with Additional Conditions Dear Sir or Madam: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.22 acres of 404/wetland and 40 linear feet of perennial stream to construct the proposed apartment development at the site, as described within your application dated December 22, 2008, and received by the N.C. Division of Water Quality (DWQ) on January 9,2009, with additional information received from you on February 19,2009. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3699 (GC3699). The Certification(s) allows you to use Nationwide Permit(s) NWI2, 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: 1. Impacts Approved 401 OversighVExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone 919-733-1786 \ FAX: 919-733-6893 In ternel: htlp://h2o. en r.state. nc. us/ncwetlands/ One NorthCarolina )Valtlfal/y An Equal Opportunity \ Affirmative Action Employer Commonwealth Road Properties, LLC Page 2 of3 February 26, 2009 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: Plan Location or Reference PCN a e 8 of 12 PCN a e 8 of 12 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; 6. Construction Stormwater Permit NCGO 1 0000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGOIOOOO) administered by DWQ is automatically issued Commonwealth Road Properties, LLC Page 3 of3 February 26, 2009 to the project. This General Permit allows storm water 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 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 http://h2o.enr.state.nc.us/su/FormsDocuments.htm.; Certificate of Completion: 7. 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 40llWetlands 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 ofthis 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. 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 401 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 Ken A veritte in the DWQ Fayetteville Regional Office at 9 0-433-3300. CHS/ijm ~IY Coleen H. Sullins Enclosures: GC3699 Certificate of Completion cc: Ken Averitte, DWQ Fayetteville Regional Office USACE Wilmington Regulatory Field Office File Copy Matt Matthews, DWQ Wetlands and Stormwater Branch Manager Matthew W. Johnson, Triad Design Group, 4807-C Koger Boulevard, Greensboro, NC 27409 Filename: 090064WoodValleyApartments(Cumberland)40 1