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HomeMy WebLinkAbout20060352 Ver 1_More Info Letter_20060518o~~~ w a r~9Q~ ~_ ~ O ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 18, 2006 Mr. Tommy Morgan Wakefield Development Company 3209 Gresham Lake Road, Suite 160 Raleigh, NC 27615 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-0352 Wake County Subject Property: Twelve Oaks Subdivision Ut to White Oak Creek and UT to Little Branch [030607, 18-7-6, C] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Morgan: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.125 acres wetland, 1,603 linear feet of stream (263 linear feet of perennial stream permanent impacts, 353 linear feet of perennial stream temporary impacts, 668 linear feet of intermittent stream permanent impacts, 319 linear feet of intermittent stream temporary impacts) to construct the proposed residential. subdivision and golf course at the subject property, as described within your application dated March 2, 2006, and received by the N.C. Division of Water Quality (DWQ) on March 2, 2006, with more information received on Apri17, 2006 and May 4, 2006. After reviewing your application, we have decided that the impacts are covered by General. Water Quality Certification Number(s) 3374 and 3402 (GC3374 and GC3402). The Certification(s) allows you to use Nationwide Permit(s) NW 12, NW 18 and NW39, respectively, when issued by the US Army Corps of Engineers (USAGE). 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 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 919-733-6893 l Internet: http://h2o.enr.state.nc.us/ncwetlands Noe Carolina ~atura!!y An Equal OpportunitylAffirmativeRction Employer- 50% Recycled/10% Post Consumer Paper Wakefield Development Company Page 5 of 5 May 18, 2006 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: Amount A roved (Units Plan Location or Reference 404/Wetland 0.125 (acres PCN a e 4 of 11 Stream - erennial 263 (linear feet - ermanent im acts) PCN a e 5 and 6 of 11 Stream - erennial 353 linear feet - tem ora im acts) PCN a e 5 and 6 of 11 Stream -intermittent 668 (linear feet - ermanent im acts PCN a e 5 and 6 of 11 Stream -intermittent 319 (linear feet - tem ora im acts PCN a e 5 and 6 of 11 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 404/401 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 to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources 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. Deed Notifications -Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit _.. Wakefield Development Company Page 5 of 5 May 18, 2006 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; 7. Sewer Systems The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local sewer system regulations. 8. Construction Stormwater Permit NCGO10000 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 (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater 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 htt ://h2o.enr.state.nc.us/su/Forms Documents.htm.; 9. Culvert Installation 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 disequilibrium 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. Wakefield Development Company Page 5 of 5 May 18, 2006 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 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 Certiftcate of Completion form. Miti anon: 10. Compensatory Mitigation Using 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 Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have one month 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: Compensatory Mitigation Required River and Sub-basin Number 404 Wetland 0.25 acres Ca a Fear/03030004 Stream 263 (linear feet Ca e Fear/03030004 Certificate of Com letion: 11. 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/Wetlands 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 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 1 SOB 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. Wakefield Development Company Page 5 of 5 May 18, 2006 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 Eric Kulz in the DWQ Raleigh Regional Office at 919-791-4200. Sincerely, ~, ~~ Alan W. Klimek, P.E. AWK/ijm Enclosures: NCDWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements GC 3374 and GC 3402 Certificate of Completion cc: Eric Kulz, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy ' Central Files Sean Clark, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614 Fi I en ame: 0603 52 TwelveOaksS D(W ake~101 o~pF W A TF,9QG Michael F. Easley, Governor ` William G. Ross Jr., Secretary ~ r North Carolina Department of Environment and Natural Resources ~ ~ © ~ Alan W. Klimek, P.E. 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, the Wakefield Development Company has permission as outlined below to impact 0.125 acres of wetland and 263 linear feet of stream for the purpose(s) of constructing a residential subdivision and golf course just west of the intersection of New Hill Road and Old Holly Springs-Apex Road in Wake County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: Holly Springs, NC COUNTY Wake BASIN/ SUB BASIN Cape Fear/03030004 As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters 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). Im acts Miti ation 404 Wetland - 0.125 acres 0.25 acres 263 linear feet stream 263 linear feet of stream In correspondence dated March 1, 2006, the EEP indicated that up to 0.25 acres of wetland and 263 linear feet of stream mitigation will be conducted by EEP if necessary for the 401 Water Quality Certification and 404 Permit. 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 (919)733-5205 Filename: 0603 52TwelveOaksSD(Wake~01_EEP 401 OversighUExpress 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 919-733-689311ntemet: http://h2o.enr.state.nc.us/ncwetlands No ° Carolina ~tura!!y An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper