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HomeMy WebLinkAbout20040544 Ver 2_Approval Letter_20090528ILFIWA NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director Dee Freeman Secretary May 28, 2009 DWQ Project # 04-0544, Ver. 2 Wake County Mr. Justin Patsey John Wieland Homes 101-A Quail Fields Court Morrisville, NC 27560 Subject Property: River Run Subdivision - Phases 4 and 5 - MODIFICATION Ut to Crabtree Creek [030402, 27-(20.7), C, NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Mr. Patsey: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 230 linear feet of perennial stream (181 linear feet previously permitted and mitigated for) and 10,725 square feet of Zone 1 Neuse River basin protected riparian buffer (5,269 square feet previously authorized), and 27,621 square feet of Zone 2 Neuse River basin protected riparian buffer (21,141 square feet previously authorized), as described in your application dated March 17, 2009, and received by the DWQ on March 17, 2009, for a modification to an existing 401 Water Quality Certification issued on April 21, 2004, to construct a 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 (GC3699) and 3705 (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 letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. 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. 401 Oversight/Express Review Permitting Unit One 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarolina Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX: 919-733-6893 aturallt? Internet: http://h2o.enr.state.nc,us/ncwetiands/ An Equal Opportunity 1 Affirmative Action Employer John Wieland Homes Page 2 of 4 May 28, 2009 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 Stream - perennial 230 [(linear feet) 181 linear feet Application previously ermitted and mitigated for] Buffers Zone 1 10,725 [(square ft.) 5,269 square feet Application reviously authorized] Buffers Zone 2 27,621 [(square ft.) 21,141 square feet Application previously authorized] 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. 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; John Wieland Homes Page 3 of 4 May 28, 2009 5. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 6. 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; 7. Stormwater Management Plan Implementation Procedures (No Further Approval Needed) • 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, including the signed and notarized Operations & Maintenance Agreement, 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. Mitigation: 8. 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) 716-19215 if you have any questions concerning payment into a restoration fund. You have 60 days 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: Type of Impact Compensatory Mitigation Required River and Sub-basin Number Stream (perennial) 49 (linear feet) Neuse/03020201 9. 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. John Wieland Homes Page 4 of 4 May 28, 2009 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 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. Sin ely, oleen H. Sullins CHS/ijm Enclosures: GC3705 Certificate of Completion NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements cc: USACE Raleigh Regulatory Field Office Lauren Witherspoon, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Adam Ashbaugh, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511 Filename: 040544Ver2RiverRunSDPhases4And5(W a ke)401_NBR_MOD AN "i - NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements Dee Freeman Secretary In accordance with 15A NCAC 2H.0500, Mr. Justin Patsey of John Wieland Homes, have permission to fill or otherwise impact 230 linear feet of perennial stream (181 linear feet previously permitted and mitigated for) and 10,959 square feet of Zone 1 Neuse River basin protected riparian buffer, and 10,174 square feet of Zone 2 Neuse River basin protected riparian buffer in the Neuse River Basin associated with the construction of Phase 4 and 5 of the River Run residential development located approximately one-half mile east of the intersection of Falls of the Neuse Road and Falls Management Center Road, in Raleigh, Wake County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM NC EEP NAME River Run Subdivision Phases 4 and 5 DWQ PROJECT 20040544, Ver. 2 LOCATION: Raleigh COUNTY Wake BASIN/ SUB BASIN Neuse/03020201 As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers 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). Impacts Mitigation 49 Linear Feet of Perennial Stream 49 Linear Feet of Perennial Stream 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) 716-1921 Filename: 040544Ver2RiverRunSDPhases4And5(Wake)401_NBR MOD_EEP 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX: 919-733-6893 Internet: http://h2o,enr.state.nc.us/ncwetlands/ N?onrthCarolina aturallt? An Equal Opportunity 1 Affirmative Action Employer