HomeMy WebLinkAbout20081817 Ver 1_Approval Letter_20090528A ?
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 28, 2009
DWQ Project # 08-1817
Wake County
Mr. Jay Meyers, Public Utilities Director
Town of Fuquay-Varina
401 Old Honeycutt Road
Fuquay-Varina, NC 27526
Subject Property: NE Judd Parkway Extension
Terrible Creek [030403, 27-43-15-8-(2), C, NSW]
Approval of 401 Water Quality Certification, Non-404 Wetlands Rule (IWGP100000) and
Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with
Additional Conditions
Dear Mr. Meyers:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.68 acres of 404/wetland, 0.22 acres of Isolated Wetland, 349 linear feet of
perennial stream, and 23,887 square feet of Zone 1 Neuse River basin protected riparian buffers and
14,718 square feet of Zone 2 Neuse River basin protected riparian buffers, as described in your
application dated December 9, 2008, and received by the Division of Water Quality (DWQ) on December
10, 2008, with additional information received from you on February 20, 2009, and April 24, 2009, to
construct the proposed linear transportation project at the site. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3704 (GC3704).
The Certification(s) allows you to use Nationwide Permit(s) NW 14 when issued by the US Army Corps
of Engineers (USACE). Also, we have determined that this Isolated Wetland fill is covered by the State
General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). This letter shall
also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A
NCAC 213 .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, and the authorization to proceed with your proposed
impacts to Isolated Wetlands as depicted in your application and as authorized by this Permit, shall
expire upon expiration of IWGP100000 (October 31, 2013) or unless otherwise rescinded by the
Director of the Division of Water Quality.
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
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-733-1786 \ FAX: 919-733-6893
Internet: hap://h2o.enr.state,nc,us/ncwetlands/
NorthCarohna
,Xaturally
An Equal Opportunity \ Affirmative Action Employer
Town of Fuquay-Varina •
Page 2 of 4
May 28, 2009
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:
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 Units Plan Location or Reference
404/Wetlands 0.68 (acres) Correspondence dated 2/19/2009
Isolated Wetland 0.22 (acres) Correspondence dated 2/19/2009
Stream - perennial 349 (linear feet) Correspondence dated 2/19/2009
Buffers Zone 1 23,887 (s uare ft.) Correspondence dated 2/19/2009
Buffers Zone 2 14,718 (square ft.) Correspondence dated 2/19/2009
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;
Town of Fuquay-Varina
Page 3 of 4
May 28, 2009
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;
Mitigation:
6. Compensatory Mitigation Using Earthmark Mitigation Services
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to Earthmark Mitigation Services to meet this
mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the Earthmark receives and clears your check no impacts specified in
this Authorization Certificate shall occur. Earthmark Mitigation Services should be contacted at
(239) 415-6221 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 to the Earthmark Mitigation Services to meet the
following compensatory mitigation requirement:
Type of impact Compensatory Mitigation Required River and Sub-basin Number
Stream (perennial) 349 (linear feet) Neuse/03020201
7. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B .0233(5)
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B
.0233(5)), you have provided the DWQ with level spreader (or bioretention) designs dated May 4,
2009. The DWQ believes that if implemented, as per these plans, diffuse flow will be achieved.
However, if diffuse flow as per 15A NCAC 02B .0233(5) is not achieved, then the DWQ shall be
notified and corrective actions to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies. At no time shall stormwater from the proposed development be
piped directly through the buffer without prior DWQ written authorization.
The Operation & Maintenance (O&M) agreement(s) for the proposed level spreader (diffuse flow
measures) signed by the Town of Fuquay-Varina on April 24, 2009, must transfer with the sale of
the land or transfer of responsibility for the stormwater facilities. DWQ must be notified promptly
of every transfer.
The structural stormwater 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 Water Quality. Stormwater easements shall be
recorded for a distance of at least 10 feet on each side of all stormwater conveyances, on all lots
containing these structures including future access for maintenance. The stormwater easements
shall allow for the ability to maintain the structures, perform corrective actions as described
above and shall provide protection of the structures from potential alternations by future property
owners.
Town of Fuquay-Varina
Page 4 of 4
May 28, 2009
8. 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.
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, Non-404 Wetlands Rule (IWGP100000), 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.
d
Sin ely,
C
ek? oleen H. Sullins
CHS/gym
Enclosures: GC 3704
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Todd Tugwell, KHA, Inc., P.O. Box 33068, Raleigh, NC 27636-3068
Filename: 081817NEJuddParkwayExt(W ake)401 _NBR