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HomeMy WebLinkAbout20160325 Ver 2_Response to Fenwick Isle and South Wind at Bluewater Rise NOV Response_20180525Strickland, Bev From: Bobby Billingsley <bobbybillingsley@thomasengineeringpa.com> Sent: Friday, May 25, 2018 11:57 AM To: Scarbraugh, Anthony Cc: 'John Thomas' Subject: [External] South Wind NOV Response Attachments: 2018-05-25-SW_NOVResponse.pdf, 2018_05_24_SWReforestationOrig ina1.pdf, NOV-2018-PC-0170.pdf Anthony please find attached the response letter and plans for this. I am mailing the originals out today. Any chance we can release Bendigo Bay buffer authorization? We are trying to get that EC permit as soon as we can to begin the next phase. Thanks, Bobby Billingsley, PE BobbyBiIlingsley@ThomasEngineeringPA.com ThomasEngi neeri ngPA.com THOMAS est 1983 ENGINEERING, PA Phs. Address: 1316-B Commerce Drive Virus -free. www.ava.com New Bern, NC 28562 Mail Address: PO Box 1309 New Bern, NC 28563 Office : 252.637.2727 Mobile: 252.671.2408 Fax: 252.636.2448 Virus -free. www.ava.com Water Resources Environmental Quality May 21, 2018 CERTIFIED MAIL #7017 1070 0000 99221664 RETURN RECEIPT REQUESTED A. Sydes Construction, Inc. Attn: Mr. Anthony W. Sydes, President 100 Carolina Plantation Boulevard Jacksonville, NC 28546 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2018-PC-0170 Fenwick Isle at Bluewater Rise South Wind at Bluewater Rise 401 Permit and Buffer Authorization Violations Craven County Dear Mr. Sydes: This letter is to notify you that the Washington Regional Office of the Division of Water Resources (DWR) is considering taking an enforcement action for violations observed during recent site visit by staff from the DWR Washington Regional Office. On April 24, 2018, Anthony Scarbraugh of DWR Washington Regional Office met with Bobby Billingsley and John Thomas of Thomas Engineering, PC (your consultant) and Bradley West and James Edwards with the of Division of Energy, Mineral and Land Resource at the subject property known as Fenwick Isle at Bluewater Rise and South Wind at Bluewater Rise located on the northwest intersection of Old Airport Road and Country Line Road near New Bern, Craven County. The purpose of the meeting was to discuss the permit condition violations resulting from the improper installation of road crossing and removal of riparian buffer vegetation within Zone 1 documented by DWR during a previous compliance inspection conducted on March 26, 2018. During the meeting, DWR staff required the restoration plan provide documentation of pre- and post - restoration conditions associated with the improper installation of the road crossing double barrel culverts at the Fenwick Isle at Bluewater Rise subdivision. DWR staff specifically discussed the off-line installation of the double barrel culverts and the excavation of the Zone 1 and installation of rip -rap along the bank of the outlet pipes. DWR staff also requested that documentation verifying that the stormwater conveyance culverts installed under Bluewater Boulevard and associated erosion and sediment measures were not encroaching into jurisdictional wetlands. DWR staff also discussed the unauthorized removal of vegetation impacting approximately 63 linear feet of Zone 1 within the South Wind portion of the Bluewater Rise subdivision. <�> 'Nothing Compares".-,.. State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 A. SYDES CONSTRUCTION, INC. CRAVEN COUNTY Page 2 of 6 As a result of the site inspections and file review, the following violations, detailed below, are noted: I. 401 WQC Condition and Buffer Authorization Condition Violations II. Neuse River Riparian Buffer Violation Fenwick Isle at Bluewater Rise I. 401 WQC and Buffer Authorization Condition Violations (Title 15A NCAC 02H .0500 and 15A NCAC 02B.0233) 401 Project No. 2016-0325 V2 A. Sydes Construction, Inc. submitted a Pre -Construction Notification (PCN) on November 18, 2016 with subsequent information received on December 14, 2016. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit Number 29, and the corresponding General Water Quality Certification. DWR issued an approval letter for the impacts on January 3, 2017. The approval letter specifies that the activities must follow the conditions listed in the General Water Quality Certification and Buffer Authorization, as well as additional conditions listed in the letter. General Water Quality Certification 3890 and Buffer Authorization, Additional Condition 1 states the following: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 026 .0501 and .0502] Type of Impact Amount Approved (units) Permanent Amount Reduced (units) Temporary Plan location/ Reference Attached Wetland W1 (Roadway Fill) >0.01 (acres) 0 (acres) Sheet: 2 of 6 Stream S1 (Road Crossing) 108 (linear feet) 0 (linear feet) Sheet: 2 of 6 Buffers -Zone 1 13-1 (Road Crossing) 6,411 (square feet) 0 (square feet) Sheet: 2 of 6, 6 of 6 Buffers -Zone 2 3,853 (square feet) 0 (square feet) Sheet: 2 of 6, 6 of 6 Specifically, the 401 and Buffer Authorization Certification authorized impacts associated with the installation of a road crossing. The excavation within Zone 1 and installation of rip -rap resulted in approximately 500 square feet of unauthorized impacts to the Neuse River Riparian Buffer. General Water Quality Certification 3890 and Buffer Authorization, Additional Condition 2 states the following: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a A. SYDES CONSTRUCTION, INC. CRAVEN COUNTY Page 3 of 6 copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 026 .0501 and .0502] During the inspection, DWR staff noted the installation of the double barrel culvert was not installed in accordance with the approved plan. General Water Quality Certification 3890, General Condition 2 states the following: Standard Erosion and Sediment Control Practices 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: a. 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. 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. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. [15A NCAC 02H .0501 and .0502] At the time of inspection, DWR and DEMLR staff noted erosion and sediment control measure failures at the road crossing. General Water Quality Certification 3890, General Condition 7 states the following: Riparian Area Protection (Buffer) Rules Activities located in the protected riparian areas (whether jurisdictional wetlands or not), within the Neuse, Tar -Pamlico, or Catawba River Basin or in the Randleman, Jordan, or Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 02B .0233, .0259, .043, .0250, .0260 and .0605, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met. [15A NCAC 02H .0501 and .0502] Specifically, the 401 and Buffer Authorization Certification authorized that diffuse flow through the riparian buffer was to be maintained via the installation of level spreaders. DWR staff observed during the March and April 2018 sit inspection that diffuse flow was not being maintained through the riparian buffer. South Wind at Bluewater Rise II. Neuse River Buffer Rule Violation (15A NCAC 28 .0233) A. SYDES CONSTRUCTION, INC. CRAVEN COUNTY Page 4 of 6 The riparian buffer extends fifty feet landward of coastal marsh or from the top of bank from any feature that shows as a surface water on either the soil survey map prepared by the Natural Resource Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24000 scale quadrangle topographic maps prepared by the United States Geological Survey (USGS) in buffered counties. The purpose of these rules is to protect and preserve riparian buffers in the Neuse River Basin to maintain the nutrient removal functions of the streamside areas necessary to protect surface waters. Specifically, this Rule applies to the 50 -foot wide riparian buffers directly adjacent to surface waters in the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds, and estuaries). Further, the protected riparian buffer has two zones as follows: (a) Zone 1 [measured from the most landward limit of the normal high water level, normal water level or the landward limit of coastal wetlands as defined by Division of Coastal- anag�d extending landward a distance of 30 feet] shall consist of a vegetated area that is undisturbed except for uses provided for in Subparagraph (6) of 15A NCAC 2B .0233, and (b) Zone 2 [the outer 20 feet, landward from the outer edge of Zone 1) shall consist of a stable vegetated area that is undisturbed except for activities and uses provided for in Subparagraph (6) of 15A NCAC 2B .0233. Any activity within the riparian buffer other than those uses listed as "Exempt" requires approval from the DWQ. As previously stated a file review has confirmed that no approval was sought or given to impact the previously described area. • Specifically, the inspection revealed that the removal of Zone 1 vegetation resulted in impacts to approximately 63 linear feet (1,890 ftz) of riparian zone bordering UTs of Brice Creek. Requested Response This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should be sent to this Office at the letterhead address. Your response should address the following: 1. Within 30 calendar days of receipt of this Notice, please provide a plan of action with specific time frames and dates to accomplish the below items. 2. Please explain when construction (excavation, grubbing, and clearing) began at the site. 3. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This documentation should describe and quantify the impacts to those jurisdictional features and/or buffers, and should include plans to avoid further stream, wetland and buffer impacts on the site. 4. Please submit a Restoration Plan to this Office for review and approval. You are encouraged to secure a consultant to assist you with your plan development and with obtaining any permit, certification, and/ or authorization necessary to achieve compliance. This plan should include the following: a.) Permit Application— Ifycoany modification to the existing roadway crossing is proposed, you must contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s) of permit required. Depending on the type of permits USACOE requires, application for a 401 Water Quality and Buffer Authorization Certification to DWR will also be required. b.) Buffer Restoration Plan (Buffer impacts) — The restoration plan must detail how the unauthorized impacts to buffers that cannot be permitted will be removed and how the A. SYDES CONSTRUCTION, INC. CRAVEN COUNTY Page 5 of 6 buffers will be restored. This information must be clearly depicted on a map that you provide as a part of this response. Satisfactory buffer restoration requires the replanting of at least 2 native hardwood wetland species and the maintenance of a stem density/survivorship of at least 260 trees per acre at the end of 3 years within Zone 1 of riparian buffer. c.) Please address how the issue of non -diffuse flow through the buffer will be addressed. All stormwater conveyances must achieve sheet flow before entering the buffer. d.) Please indicate in your response a schedule with dates detailing when the restoration will be accomplished. This schedule should include a three-year monitoring plan to ensure that the wetlands are restored. It is the expectation of this Office that the restoration will be completed by December 1, 2018. 5. Finally, you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Thank you for your attention to this matter. DWR requires that the violations, as detailed above, be abated immediately and properly resolved. This Office is considering recommendation for civil penalty assessment to the Director of the Division of Water Resources and/or an injunction request to the Attorney General's Office regarding the ongoing violations on your site. Pursuant to G.S. 143-215.6A, the above mentioned violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Pursuant to G.S. 143-215.6C, DWR can request injunctive relief through the courts to obtain compliance on the site. Your above-mentioned response to this correspondence will be considered in any further process that may occur. This Office appreciates your attention to this matter and efforts to resolve the above noted concerns. Should you have any questions regarding these matters, please contact Anthony Scarbraugh at (252) 948- 3924 or myself at (252) 948-3921. Sincerely, W--.. Robert Tankard, Assistant egionalSupervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: 401 and Buffer Approval Letter and GC 3890 A. SYDES CONSTRUCTION, INC. CRAVEN COUNTY Page 6 of 6 cc: Bobby Billingsley, Thomas Engineering, P.C. (via e-mail: bobbybillingsley@thomasengineeringpa.com) Shelton Sullivan -401 & Buffer Permitting Branch WaRO Files Gary Beecher— US ACOS- Washington Office (via e-mail) Samir Dumpor— DELMR WaRO (via e-mail) Water Resources ENVIRONMENTAL QUALITY January 3, 2017 A. Sydes Construction, Inc. Attn: Mr. Anthony W. Sydes 100 Carolina Plantations -Blvd. Jacksonville, NC 28546 ROY COOPER Governor D W R # 2016-0325 V2 Craven County Subject: Approval of 401 Water Quality Certification with Additional Conditions Approval of Neuse Riparian Buffer Impacts with Additional Conditions Bluewater Rise Dear Mr. Sydes: You have our approval for the impacts listed below for the purpose described in your application dated November 8, 2016 and received by the Division of Water Resources (Division) on November 18, 2016 with subsequent information received on December 14, 2016. These impacts are covered by the attached Water Quality General Certification Number 3890, Neuse River Riparian Buffer Rules, and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B .0233) Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Wetland W1 (Roadway Fill) >0.01 (linear feet) 0 (linearfeet) Sheet: 2 of 6 Stream S1 (Road Crossing) 108 (linear feet) 0 (linear feet) Sheet: 2 of 6 Buffers (Zone 1) B-1 (Road Crossing) 6,411 (square feet) 0 (square feet) Sheet: 2 of 6, 6 of 6 Buffers (Zone 2) State of North Carolina I Environmental Quality I Water Resources—Water Quality Regional Operations—Washington Regional Office 943 Washington Square Mail, Washington, NC 27889 252-946-6481 A. SYDES CONSTRUCTION, INC. ATTN: MR. ANTHONY W. SYDES DWRti 2016-0325 V2 401 AND BUFFER APPROVAL Page 2 of 5 B-1 (Road Crossing) 13,853 (square feet) 10 (square feet) I Sheet: 2 of 6, 6 of 6 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all_ conditions._ [15A NCAC 02B .0507(d)(2)] 3. If any erosion problems are observed in the surface waters downslope of the stormwater discharge points, then you shall immediately repair and correct the problem and prevent further damage and sediment discharge to the receiving surface waters. Please be aware that these repairs may require you to obtain a 404 Permit from the Corps and a 401 Certification from the Division. [15A NCAC 02H .0506(b)(5)] 4. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certifications) 3890. [15A NCAC 02B .0507(c)] S. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0211 (k). Appropriate sediment and erosion control practices must be used to meet this standard. [15A NCAC 02B .0211 (k)] 6. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H.0506 (b)(3), and 15A NCAC 02B 0233(6)] 7. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 026 .0200 (3)(f)] A. SYDES CONSTRUCTION, INC. ATTN: MR. ANTHONY W. SYDES DWR# 2016-0325 V2 401 AND BUFFER APPROVAL Page 3 of 5 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional Office at 252.946.6481 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous_ Substances Control Act. [15A NCAC 02H.0506 (b)(3) and (c)(3), -15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] 9. Re Opener Clause A. Sydes Construction, Inc. and their authorized agents shall conduct their activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. A. Sydes Construction, Inc. shall require their contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of their contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify A. Sydes Construction, Inc. and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to DWR in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 10. Upon completion of all work approved.within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. [15A NCAC 02H .0507 (c)] 11. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at http:Hportal.ncdenr.org/web/wci/swp/ws/401/certsandpermits/apply/forms). 115A NCAC 02H .0506(b)(5)] 12. Within 60 days of completion of construction, as -built drawings (which can be shown on an aerial or done as a survey) shall be submitted to both the Division of Water Quality, A. SYDES CONSTRUCTION, INC. ATTN: MR. ANTHONY W. SYDES DWR# 2016-0325 V2 401 AND BUFFER APPROVAL Page 4 of 5 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh NC 27699-1617 and to the Washington Regional Office. [15A NCACO2H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 13. This approval and their conditions are final and binding unless contested. [G.S. 143-215.51 14. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam H. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 A. SYDES CONSTRUCTION, INC. ATTN: MR. ANTHONY W. SYDES D W R# 2016-0325 V2 401 AND BUFFER APPROVAL Page 5 of 5 This letter completes the review of the Division under section 401 of the Clean Water and Neuse Buffer Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbraush@ncdenr.gov if you have any questions or concerns. Sincerely, Robert Tankard,Assistant Reg onal Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 3890 Certification of Completion cc: Gary Beecher, USACE Washington Regulatory Field Office (via email) Samir Dumpor, DEMLR WaRO (via email) Doug Huggett, DCM Morehead City Laserfiche File John G. Thomas, Thomas Engineering, PA (via email: johnthomas@thomasengineeringpa.com) Water Quality Certification No. 3890 Water Quality Certification Number 3890 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 02H.0500 and 15A NCAC 0213 .0200 far the discharge of fill material to -waters and adjacent wetland areas orto-wetland-areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States as described in 33 CFR 330 Appendix A (B) (18, 29, 39, 41, 42, 44, and 46) of the Corps of Engineers regulations and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 02B .0200. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Quality (the "Division' ): a. Any impacts to streams involving excavation or dredging; or b. Total stream impacts within the project boundaries equal to or greater than 150 linear feet of stream, including temporary and/or permanent impacts; or c. Any stream relocation; or d. Any impact associated with a high density project (as defined in Item (A)(iv) of the 401 Stormwater Requirements) that is not subject to either a state stormwater program (such as, but not limited to, Coastal Counties, HQW, ORW or state -implemented Phase II NPDES) or a certified community's stormwater program; or e. Temporary or permanent impacts equal to or greater than one-tenth (1/10) acre of wetlands or open waters; or I. Any impacts to wetlands adjacent to waters designated as: ORW, SA, WS -I, WS -II, or Trout, or wetlands contiguous to waters designated as a North Carolina or National Wild and Scenic River; or g. Any impacts to coastal wetlands [15A NCAC 07H.0205)], or Unique Wetlands (UWL) 115A NCAC 02H .0506]; or h. Any impact associated with a Notice of Violation or an enforcement action for violation(s) of DWQ Wetland Rules (15A NCAC 02H.0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200); or i. Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless the activities are listed as "EXEMPT" from these rules or a Buffer Authorization Certificate is issued through N.C. Division of Coastal Management (DCM) delegation for "ALLOWABLE" activities. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Water Quality Certification No. 3890 Water Quality Certification No. 3890 Activities included in this General Certification that do not meet one of the thresholds listed above do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. If any of these Conditions cannot be met, then written approval from the Division is required. Conditions of Certification: 1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification 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, as authorized in the written -approval from the Divisiowor beyond the thresholds -established -for use of this Certification without written authorization, including incidental impacts. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 2. Standard Erosion and Sediment Control Practices 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 and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: a. 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. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS -1, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 04B.0124, Design Standards in Sensitive Watersheds. Water Quality Certification No. 3890 Water Quality Certification No. 3890 3. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream 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 (DLR) or locally delegated program has released the specific area within the project. 4.Conte ionormwa er Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at http://oortal.ncdenr.org/web/wq/wstsu/npdessw#tab- . The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. 5. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, Iarvallpost-larval fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within the twenty-five (25) designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 6. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application submittal to and written approval by the Division. Water Quality Certification No. 3890 Water Quality Certification No. 3890 7. Riparian Area Protection (Buffer) Rules Activities located in the protected riparian areas (whether jurisdictional wetlands or not), within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 02B .0233, .0259, .0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met. 8. If concrete is used during the construction, then all necessary measures shall be taken to event direct contact between uncured or curing concrete and waters -of the state—Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/ fish kills. 9. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means (grassed swales, pre- formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. Exceptions to this condition require written approval by the Division. 10. Compensatory Mitigation In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for losses of equal to or greater than 150 linear feet of streams (intermittent and perennial) and/or equal to or greater than one (1) acre of wetlands. For linear public transportation projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for activities classified as "Allowable with Mitigation" or"Prohibited" within the Table of Uses. A determination of buffer, wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this Nationwide and/or Regional General Permit. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory mitigation plans shall be submitted to the Division for written approval as required in those protocols. The mitigation plan must be implemented and/or constructed before any impacts occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a mitigation bank. In these cases, proof of payment shall be provided to the Division before any impacts occur on site. Water Quality Certification No. 3890 Water Quality Certification No. 3890 11. Relocated stream designs should include the same dimensions, patterns, and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 -foot wide wooded and an adjacent 20 -foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating appropriate erosion control matting materials and seedling establishment is allowable, however matting that incorporates plastic mesh and/or plastic twine shall not be used in wetlands, riparian buffers or floodplains as recommended by the North Carolina Sediment and Erosion Control Manual. Rip -rap, A -Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream; however, the ,.r,..__..-...__.� -_-_ ----- of rip -rap coverage. Please note that if the stream relocation is conducted as a stream restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003 Stream Mitigation Guidelines (or its subsequent updates), the restored length may be used as compensatory mitigation for the impacts resulting from the relocation. 12. Stormwater Management Plan Requirements All applications shall address stormwater management throughout the entire project area per the 401 Stormwater Requirements, referenced herein as "Attachment A" at the end of this Certification 13. Placement of Culverts and Other Structures in Waters and Wetlands Culverts required for this project shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters and streams must be 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 or equal to 48 inches, to allow low flow passage of water and aquatic life. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/ connectivity has been provided when possible (rock ladders, crossvanes, etc). Notification to the Division including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations shall be provided to the Division 60 days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification to the Division including supporting documentation such as, but not limited to, a location map of the culvert, geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60 days prior to the installation of the culvert. If bedrock is discovered during construction, then the Division shall be notified by phone or email within 24 hours of discovery. If other site-specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application submittal to, and written approval by, the Division of Water Quality, regardless of the total impacts to streams or wetlands from the project. Water Quality Certification No. 3890 Water Quality Certification No. 3890 Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Additionally, when roadways, causeways, or other fill projects are constructed across FEMA -designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. 14. All temporary fill and culverts shall be removed and the impacted area returned to natural con i ions within 60 days of the -determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except for the approved maintenance areas) and restored to prevent erosion. 15. All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification. 16. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. 17. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to be carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. 18. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. 19. If this Water Quality Certification is used to access building sites, then all lots owned by the applicant must be buildable without additional impacts to streams or wetlands. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters, or buffers if required to do so in writing by the Division. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. 20. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters, and protective buffers within the project boundaries in order to assure compliance for future wetland, water, and buffer impact. These mechanisms shall be put in place at the time of recording of the property or of individual lots whichever is appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http7//portal ncdenr om/web/wq/swp/ws/401/certsandoermits/apply/forms. The text of the sample deed notification may be modified as appropriate to suit to a specific project. Documentation of deed notifications shall be provided to the Division upon request. Water Quality Certification No. 3890 Water Quality Certification No. 3890 21. If an environmental document is required under the National or State Environmental Policy Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. 22. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations will be required. 23. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal. State, or Local approvals. 24. The applicant/permittee and their authorized agents shall conduct all activities in a manner compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 25. When written authorization is required for use of this certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. 26. Additional site-specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. 27. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Water Quality Certification No. 3890 Water Quality Certification No. 3890 Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 19, 2012 DIVISION OF WATER QUALITY Charles Wakild, P.E. Director History Note: Water Quality Certification (WQC) Number 3690 issued March 19, 2012 replaces WQC Number 3621 issued April 6, 2010; WQC Number 3631 issued March 19, 2007; WQC 3402 issued March, 2003; WQC Number 3362, issued March 18, 2002; WQC 3287, issued June 1, 2000; WQCs 3106 and 3108 issued February 11, 1997. This Water Quality Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide or Regional General Permits and/or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No. 3890 Water Quality Certification No. 3890 Attachment A: 401 Stormwater Requirements The requirements listed below shall be implemented in order to comply with Condition 12 of this General Certification. For the North Carolina Department of Transportation, compliance with NCDOT's Individual NPDES permit NCS000250 shall serve to satisfy the 401 and Isolated Wetland Stormwater Requirements. A. Design and Implementation Requirements. All projects, regardless of project area, amount of built -upon area or amount of jurisdictional impact, shall meet the following stormwater design requirements: i. Non -Erosive -Discharge -to Streams -and-wetlanas.-Stormwarer conveyances mai discharge to streams and wetlands must discharge at a non-erosive velocity prior to entering the stream or wetland during the peak flow from the ten-year storm. Vegetated Setbacks. A 30 -foot wide vegetated setback must be maintained adjacent to streams, rivers and tidal waters in areas that are not subject to a state Riparian Area Protection Rule or other more stringent vegetated setback requirements. The width of the setback shall be measured horizontally from the normal pool elevation of impounded structures, the top -of -bank of streams and rivers, and the mean high waterline of tidal waters, perpendicular to shoreline. Vegetated setback and filters required by state rules or local governments may be met concurrently with this requirement and may contain coastal, isolated or 404 jurisdictional wetlands. Non -jurisdictional portions of the vegetated setback may be cleared and graded, but must be planted with and maintained in grass or other vegetative or plant material .3 iii. Construction and Operation. The stormwater management plan must be constructed and operational before any permanent building or other structure is occupied or utilized at the site. The stormwater management plan, including drainage patterns, must be maintained in perpetuity." iv. Coordination with Other Stormwater Programs. Projects that are subject to another Division of Water Quality (DWQ) stormwater program, including (but not limited to) the 20 Coastal Counties, HQW, ORW or state -implemented Phase II NPDES, or a Certified Community's stormwater management program, must be constructed and maintained in compliance with the approved stormwater management plan.6 v. Stormwater Design Requirements for Projects Not Covered Under Item (iv). Projects that are not subject to another DWQ stormwater program or a Certified Community's stormwater program shall meet all of the following requirements: a. Low Density. A site is low density if all the following requirements are met: 1. The development has a built upon area of twenty-four percent (24%) or less, considering both current and future development. When determining the amount of built upon area, coastal wetlands shall be included; however, ponds, lakes and rivers as specified in North Carolina's Schedule of Classifications shall be excluded. If a portion of project has a density greater than 24%, the higher density area must be located in an upland area and away from surface waters and drainageways to the maximum extent practicable.6 2. All stormwater runoff from the built upon areas is transported primarily via vegetated conveyances designed in accordance with the most recent version of the NC DWQ Stormwater Best Management Practices Manual. Alternative designs may be approved if the applicant can show that the design provides Water Quality Certification No. 3890 Water Quality Certification No. 3890 equal or better water quality protection than the practices specified in the manual. The project must not include a stormwater collection system (such as piped conveyances) as defined in 15A NCAC 02B .0202(60).' b. High Density. Projects that do not meet the Low Density requirements shall meet the following requirements: 1. Stormwater runoff from the entire site must be treated by structural stormwater controls (BMPs) that are designed to remove eighty-five percent (85%) of the average annual amount of Total Suspended Solids (TSS). Stormwater runoff that drains directly to Nutrient Sensitive Waters (NSW) must also be treated to remove thirty percent (30%) of Total Nitrogen (TN) and Total Phosphorus (TP).' 2. All BMPs must be designed in accordance with the version of the NC DWQ Stormwater Best Management Practices Manual that is in place on the date of stormwater management plan submittal. Alternative designs may be approved if the applicant can show that the design provides equal or better water quality protection than the practices specified in the manual.' 3. DWQ may add specific stormwater management requirements on a case-by- case basis in order to ensure that a proposed activity will not violate water quality standards.10 4. DWQ may approve Low Impact Developments (LIDs) that meet the guidance set forth in the Low Impact Development: A Guidebook for North Carolina." 5. Proposed new development undertaken by a local government solely as a public road project shall follow the requirements of the NC DOT BMP Toolbox rather than Items (1)-(4) above. 12 B. Submittal Requirements. The submittal requirements listed below apply only to projects that require written authorization as indicated in the applicable General Certification as well as projects that require an Isolated Wetlands Permit. Any required documentation shall be sent to the Wetlands, Buffers and Stormwater Compliance and Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27688-1650. i. Projects that are Subject to Another DWQ Stormwater Program: If the project is subject to another DWQ stormwater program, such as the 20 Coastal Counties, HQW, ORW or state -implemented Phase II NPDES, then the applicant shall submit a copy of the stormwater approval letter before any impacts occur on site. 13 ii. Projects that are Subject to a Certified Community's Stormwater Program. If the project is subject to a certified local government's stormwater program, then the applicant shall submit one set of approved stormwater management plan details and calculations with documentation of the local government's approval before any impacts occur on site.5 Projects Not Covered Under Items (t) or (it). If the project is not subject to another DWQ Stormwater Program or a Certified Community's stormwater program, then it shall be reviewed and approved by the DWQ through the Water Quality Certification authorization process. a. Low Density. For low density projects, the applicant shall submit two copies of the DWQ Low Density Supplement Form with all required items. 13 Water Quality Certification No. 3890 10 Water Quality Certification No. 3890 b. High Density. For high density projects, the applicant shall submit two copies of a DWQ BMP Supplement Form and all required items at the specified scales for each BMP that is proposed, 13 iv. Phasing. Stormwater management plans may be phased on a case-by-case basis, with the submittal of a final stormwater management plan per Items (i) -(iii) above required for the current phase and a conceptual stormwater management plan for the future phase(s). The stormwater management plan for each future phase must be approved by the appropriate entity before construction of that phase is commenced. The approved stormwater management plan for each future phase must be constructed and operational before any permanent building or other structure associated with that phase is occupied. " Stormwater Management Plan Modifications. The stormwater management plan may not be modified without prior written authorization from the entity that approved the plan. If the project is within a Certified Community, then the applicant shall submit one set of approved stormwater management plan details and calculations with documentation of the local government's approval for record-keeping purposes. If the project is subject to DWQ review, then the applicant shall submit two copies of the appropriate Supplement Forms per Item (iii) above for any BMPs that have been modified for DWQ's review and approval.15 The stormwater requirement for 401 applications is codified in 15A NCAC 02H .0506(b)(5) and (c)(5). 2 Non erosive discharge rates are required in SL 2008-211§2(b)(1). The 10 -year design storm standard is codified in 15A NCAC 02H .1008(f)(2) and .1008(g)(1). 3 30 -foot vegetated setbacks are required in SL 2006-246§9(d), SL 2008-211§2(b), 15A NCAC 02H .1006(2)(c) and .1007(1)(a). ° Construction and maintenance of the stormwater plan is necessary to satisfy 15A NCAC 02H .0506(b)(5). 5 Conveys application procedure to streamline the permitting process and reduce any unnecessary duplication in the review of stormwater management plans. 5 Low density built upon area thresholds are set in SL 2006-246§9(c) and SL 2008-211§2(b). The requirement for low density development to use vegetated conveyances is codified in SL 2006-246§9(c), SL 2008-211§2(b), 15A NCAC 02H .1006(2)(b) and .1007(1)(a). The Stormwater BMP Manual is also referenced in 15A NCAC 02B .0265(3)(a) and .0277(4)(e). 85% TSS removal is required in SL 2006-246§9(d), SL 2008-211§2(b), 15A NCAC 02H .1006(2)(c), 15A NCAC 02H .1007(1)(a). The 30% TN and TP removal requirements for NSW waters are set forth in 15A NCAC 02B .0232, 15A NCAC 02B .0257(a)(1), 15A NCAC 02B .0265(3)(a) and 15A NCAC 02B.0277(4). s The Stormwater BMP Manual is also referenced in 15A NCAC 02B .0265(3)(a) and .0277(4)(e). 10 The requirement for DWQ to ensure that water quality standards are protected before issuing a 401 certification is codified in 15A NCAC 02H .0506. 11 The LID Toolbox is also referenced in 15A NCAC 02B .0277(4)(g). 12 The term "public road project" is defined in15A NCAC 02B .0265(3)(a). 13 Conveys application procedure to streamline the permitting process. " Phased development is addressed as a "common plan of development" in 15A NCAC 02H .1003(3). 15 Procedures for modifying stormwater plans are set forth in 15A NCAC 02H .1011. Water Quality Certification No. 3890 11 `T I VICINITY MAP 1 , I LD IJ 0 O OgD r 4 a O ` GENERAL NOTES 1 BOUNDARY INFORMATION IS AS PROVIDED ON THE MAP ENTITLED `BOUNDARY MAP- A PORTION OF CRAVEN TRACT 32 WEYERHAEUSER REAL ESTATE DEVELOPMENT COMPANY.. DATED DECEMBER I8. 2008 DAVID L JONES JR.. PLS (L-36721. AND RECORDED IN PLAT CABINET I. SLIDE 70-H OF THE CRAVEN COUNTY REGISTRY 2 DEED REFERENCE: DB 3404 PG 657. 3. ALL DISTANCES ARE HORIZONTAL GROUND MEASUREMENTS. NO GRID FACTORS APPLIED 4 THIS PLAT DOES NOT CREATE A SUBDIVISION OF LAND AND IS A SURVEY OF AN EXISTING PARCEL OF LAND. 5. ADJACENT PROPERTY LINES ARE CONCEPTUAL IN NATURE AND NOT SURVEYED LINES 6 ELEVATIONS ARE BASED ON NAVD 1988. 7 EXISTING CONTOUR INTERVALS SHOWN ARE AT ONE FOOT. 8 404 WETLAND INFORMATION AS SHOWN IS AS APPROVED BY USACE WITH JURISDICTIONAL DETERMINATION ACTION 10 SAW -2018.01597. 9 BL UE -LINE STREAMS AS SHOWN HEREIN ARE AS DETERMINED BY NCDEQ AND AS SHOWN ON BLUE -LINE STREAM DETERMINATION D WR# 16 0325 10 THIS CROSSING SITE DOES NOT SCALE WITHIN THE 100 YEAR FLOOD HAZARD AREA AS SHOWN ON FLOOD INSURANCE RATE MAP # 3770548600J. DATED PJLY 2. 2004. AND AS ESTABLISHED BYFEMA. THIS REPORTIN NO WAY SUPERCEDES THEABOVE MENTIONED FIRM 11. THIS SITE IS NOT YET ADDRESSED 12. THIS SUBDIVISION TO BE SERVED BY CITY OF NEW BERN WATER AND SEWER FILL AREA TABULATIONS BUFFERS: ZONE 1 FILL - 6.411 SF (0.15 AC) ZONE 2 FILL - 3,583 SF (0.08 AC) WETLANDS: 404 WETLANDS FILL - 58 SF (001 AC) 21. A 0 I Z)01 16 Know w ar:below. Call before YOU dl( 'L 93 \ 'o woo TEMPORARY SILT FENCE \ s GRAPHIC SCALE 20 10 0 20 (11-X 17") S63* 14'36'W 20.74' N89° 19'01'W 44.20' 46,00, N77 -52,34-w N :Zy� INe T' TEMPORARY CHECK DAM - BOU'NDARYLINES _ - - - PHASE LINES BLUEWATER RISE ROADWAY c j� 1404 WETLANDS 100 CAROLINA PLANTATIONS BLVD 404 WETLAND LINE SCALE: 1':M' - RIPARIAN BUFFERS PROJECTA MIS M RIPARIAN BUFFER rr FILL AREAS S63* 14'36'W 20.74' N89° 19'01'W 44.20' 46,00, N77 -52,34-w N :Zy� INe T' TEMPORARY CHECK DAM PROPOSED CONTOURS ##' - EXISTING CONTOURS DASPHA!T SIOEWALKAREAS -PROPOSED STORM DRAIN TEMPORARY SILT FENCE - TEMPORARY CHECK DAM PROPOSED WATER MAINS PROPOSED SEWER MAINS 14 T /c, 4gl,F Qf11111IIfff :♦ '4D onp,l f r, eORq'%�G' F�= SEAL 3 ~ C 438 <c; �r wr lr4r ^, CAR 918 Illll Till flf ♦,♦`�,Sg C Ago o,o° SSIa.,EALI fr4``r r` 9�: 10147\�'v LINIII 44 30225 SF 069 SF 22.97 S82' 05'21'W TEMPORARY SIL FENCE 100, '�4?y SCS o' BLUE -LINE STREAM CROSSING ,B FOR BLUEWATER RISE CITYOFNEWBERN CRAYENCOUWY NORM CAROLINA PROPOSED CONTOURS ##' - EXISTING CONTOURS DASPHA!T SIOEWALKAREAS -PROPOSED STORM DRAIN TEMPORARY SILT FENCE - TEMPORARY CHECK DAM PROPOSED WATER MAINS PROPOSED SEWER MAINS 14 T /c, 4gl,F Qf11111IIfff :♦ '4D onp,l f r, eORq'%�G' F�= SEAL 3 ~ C 438 <c; �r wr lr4r ^, CAR 918 Illll Till flf ♦,♦`�,Sg C Ago o,o° SSIa.,EALI fr4``r r` 9�: 10147\�'v LINIII 44 30225 SF 069 SF 22.97 S82' 05'21'W TEMPORARY SIL FENCE 100, '�4?y SCS o' BLUE -LINE STREAM CROSSING NATIONWIDE PERMIT #29 FOR BLUEWATER RISE CITYOFNEWBERN CRAYENCOUWY NORM CAROLINA OWNERDEVELOPER 5 100 CAROLINA PLANTATIONS BLVD MC.YSONVILLE, W M548 SCALE: 1':M' 15 PROJECTA MIS M SHEEF: POIB rr SITE PLAN BLUE -LINE STREAM CROSSING NATIONWIDE PERMIT #29 FOR BLUEWATER RISE CITYOFNEWBERN CRAYENCOUWY NORM CAROLINA OWNERDEVELOPER A. SIDES CONSTBUCnoN, INC. 100 CAROLINA PLANTATIONS BLVD MC.YSONVILLE, W M548 SCALE: 1':M' DATE: r107M14 PROJECTA MIS M SHEEF: POIB . ,i. ti i � �� 'a , _ > > r k ! `� '�" N'A' :y a"F i � •E uN liS t °is_ b' i j .' ; \ 'r' }`� 3 �yq9 �r�f• 2mb 11�®erg of a oaf rdnmi IV tai �'\ t ,` '•' � o � ___ ...-, � Q 00 t I X TEMPORARY SILT `� 3;a } e� ��Q.. TEMPORARY STONE,HECK -REFER TO SECTIfdiV BELOW �� �� ` \ \ �� 1 \ __14" TO BUFFER FOR TYPICAL WEIR SECTJON$rti \t , \ TEMPORARY SILT ® F FULLY S9DDED 4 ' z \ FENCE 2 (a �� o, --WEIR TO BUFFERLIMITS: ` z5f .. \r \\ \ - C3�'{j�'/� =AA,Dn GARY SILT/'r i �'.. �� r \` \\\ • • f `x { rjy A� _ � .T ; : ,! l \ 4 FENCE; r' i ' ttMPOR q.1RYSTONE CHECK \\ 1v 13 ' � : `.+ - 6^21�� "''P r s 1 .tel '�.\�'• - � i r � . iRAP,WIC SCALE iOw'wBeBystmy' --' SOUTHWESTQUADRANT PLAN10 MY041 AM o , zo®UTI LEGEND — -SOUNDARYLINES -44, __ -PROPOSED CONTOURS __....` - PHASE LINES —$p' — - EXISTING CONTOURS 100AROLINA PLAMATNH,S BLVD - ROADWAY e SCALE: 1'. 2X DATE: fY,IMe - ASPHALMIDEWALKARE48 SNEET: 0o1$ 404 WETLANDS �_� - PROPOSED STORM DRAIN -- w — - 404 WETLAND LINE -'"—' �— - TEMPORARYSILT FENCE �-`� TEMPORARY CHECKDAM D RIPARIAN BUFFERS _ -PROPOSED WATER MAINS RIPARIAN BUFFER _ 86 - PROPOSED SEWER MAINS i_ FILL AREAS �LlUI[II((I(II 04SEAL y 4 C-438 do .• Co �1989`.,`ti� FEJT TO SECTION BELOW �2'TYPICA�'WEIR SECTION , ' a 1 , PUADR NT PLAN ,,�(Ilil llr. ISI LEVEL SPREADERS BLUE -LINE STREAM CROSSING NATIONWIDE PERMIT #29 FOR BLUEWA TER RISE CRYOFNEWBERN CRAVENOOHMY NORTHCAROLINA OWNER/DEVELOPER A.SYMSCONSI WnON, INC. 100AROLINA PLAMATNH,S BLVD JACKSONVILLE, NC ID513 SCALE: 1'. 2X DATE: fY,IMe WJECTO.- OuLM SNEET: 0o1$ THOMAS ENGINEERING, PA est 1983 civil engineering@ land surveying.project management US MAIL & EMAILED To: NC Division of Environmental Quality Division of Water Resources 943 Washington Square Mall Washington, NC 27889 Attn: Anthony Scarbraugh Environmental Senior Specialist Re: South Wind at Bluewater Rise Notice of Violation Written Response Reference NOV-2018-PC-0170 New Bern, Craven County, North Carolina 2015-027 Dear Anthony, May 25, 2018 As required, this letter is to provide written response to the Notice of Violation as received by A. Sydes Construction, Inc., on May 21 st, 2018 for the above referenced project. I will respond to each item as requested in the NOV in RED below: 1. Within 30 calendar days of receipt of this Notice, please provide a plan of action with specific time frames and dates to accomplish the below items. Pipe re- alignment work will commence when approved. Couplings will need to be fabricated and the re -work will be completed as soon as materials can be delivered to the site. The reforestation will be complete between November 1, 2018 and December 1, 2018, as per seasonal limitations guidance. 2. Please explain when construction (mechanized grading, excavation and fill activities) began at the site and how these impacts occurred. The majority of the buffer disturbance apparently occurred when the site was logged and the logger went outside the permitted limits of disturbance that were properly flagged by Thomas Engineering. The pipe installation was completed in March 2018. 3. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional water features (e.g. streams, wetlands and/or waters) on the site. This documentation should describe and quantify the impacts to those jurisdictional features and should include plans to avoid further unauthorized impacts of the site. Restoration plan attached. 1316-B Commerce Drive Road.P.0. Box 1309.New Bern, NC 28563 Phone: (252)637-2727.Fax: (252)636-2448.Website: ThomasEngineeringPA.com THOMAS ENGINEERING, PA est 1983 civil engineering@ land surveying.project management 4. Please submit a Restoration Plan to this Office for review and approval. You are encouraged to secure a consultant to assist you with your plan development and with obtaining any permit, certification, and/or authorization necessary to achieve compliance. This plan should include the following: Restoration plan attached. b. Wetland Restoration Plan (Wetland impacts) — The restoration plan must detail how the unauthorized impacts to wetlands that cannot be permitted will be removed and how the wetlands will be restored. This information must be clearly depicted on a map that you provide as a part of this response. Restoration plan attached addressing these items. Satisfactory buffer restoration requires the replanting of at least 2 native hardwood wetland species and the maintenance of a stem density /survivorship of at least 260 trees per acre at the end of 3 years. Restoration plan attached addressing these items. Please address how the issue of non -diffuse flow through the buffer will be addressed. All stormwater conveyances must achieve sheet flow before entering the buffer. Level spreaders to be installed upstream of the Zone 2 buffers on the south side of Bluewater Blvd. as originally permitted by June 15, 2018. d. Please indicate in your response a schedule with dates detailing when the restoration will be accomplished. This schedule should include a three-year monitoring plan to ensure that the wetlands are restored. It is the expectation of this Office that the restoration will be completed by December 1, 2018. • Assume Restoration Plan Approval by DWR on or before by July 1St, 2018. Pipe re -alignment work commences as soon as plan approved. Reforestation work November 1, 2018 to December 1, 2018. Monitoring commences on or before December 1St, 2018 and extends through July 1St 2021. Vegetation inspected every 6 months with any trees that die off being replaced. 5. Finally, you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. We will try to stay closer to the loggers to verify that they fuller understand their boundaries. Attached are two (2) original copies of the restoration plan. Please review the restoration plan and let me know if you have any questions, concerns, or require additional information. Once the plans area approved, we will commence repair activities, followed by inspection and monitoring. 1316-B Commerce Drive Road.P.0. Box 1309.New Bern, NC 28563 Phone: (252)637-2727.Fax: (252)636-2448.Website: ThomasEngineeringPA.com THOMAS ENGINEERING, PA est 1983 civil engineering@ land surveying@project management Thank you, ewdy "�+ Bobby Billingsley, PE B obbyBillingsley@ThomasEngineeringPA. com Attachments 1316-B Commerce Drive Road.P.O. Box 1309.New Bern, NC 28563 Phone: (252)637-2727.Fax: (252)636-2448.Website: ThomasEngineeringPA.com GENERAL NOTES 1. BOUNDARY INFORMATION IS AS PROVIDED ON THE MAP ENTITLED "BOUNDARY MAP -A PORTION OF CRAVEN TRACT 32 WEYERHAEUSER REAL ESTATE DEVELOPMENT COMPANY" DATED DECEMBER 18, 2008, DAVID L. JONES, JR., PLS (L-3672), AND RECORDED IN PLAT CABINET/, SLIDE 70-H OF THE CRAVEN COUNTY REGISTRY. 2. DEED REFERENCE: DB 3404, PG 657. 3. ALL DISTANCES ARE HORIZONTAL GROUND MEASUREMENTS, NO GRID FACTORS APPLIED. 4. THIS PLAT DOES NOT CREATE A SUBDIVISION OF LAND AND IS A SURVEY OF AN EXISTING PARCEL OF LAND. 5. ADJACENT PROPERTY LINES ARE CONCEPTUAL IN NATURE AND NOT SURVEYED LINES. 6. ELEVATIONS ARE BASED ON NA VD 1988. 7. EXISTING CONTOUR INTERVALS SHOWN ARE AT ONE FOOT. 8. 404 WETLAND INFORMATION AS SHOWN IS AS APPROVED BY USACE WITH JURISDICTIONAL DETERMINATION ACTION ID: SAW -2016-01597. 9. BLUE -LINE STREAMS AS SHOWN HEREIN ARE AS DETERMINED BY NCDEQ AND AS SHOWN ON BLUE -LINE STREAM DETERMINATION DWR#16-0325. 10. THIS CROSSING SITE DOES NOT SCALE WITHIN THE 100 YEAR FLOOD HAZARD AREA AS SHOWN ON FLOOD INSURANCE RATE MAP # 3720548600J, DATED JULY 2, 2004, AND AS ESTABLISHED BY FEMA. THIS REPORT IN NO WAY SUPERCEDES THE ABOVE MENTIONED FIRM. 11. THIS SITE IS NOT YET ADDRESSED. 12. THIS SUBDIVISION TO BE SERVED BY CITY OF NEW BERN WATERAND SEWER. FINAL DRAWINGS Released for permits only, not released for construction. REFORESTATION AREA TABULATIONS SITE 'A' BUFFERS: ZONE 1 - 399 SF ZONE 1 - 124 SF ZONE 1 - 237 SF ZONE 1 - 4,881 SF TOTAL = 5,641 SF • • be 1 0 v \ 1z DECORATIVE �\ PONE \ __ \ Y E R O E3,C W fi -T _ - BOUNDARY LINES -- --• ROADWAY c 404 WETLANDS ----- . ----- 404 WETLAND LINE DRIPARIAN BUFFERS DRIPARIAN BUFFER REFORESTATION AREA ASPHALT/SIDEWALK AREAS AREA = 30 0 EXISTING STORM DRAIN !�\PROPOSED ALUMINUM �V ELBOWS PROPOSED STORM DRAIN REALIGNMENT -o—a—o-- TEMPORARY SILT FENCE ® TEMPORARY CHECK DAM — • • • • — PROPOSED WATER MAINS --SS-#--- PROPOSED SEWER MAINS 3044 F 0.69 AC EX. SILT FENCE TO BE REPLACED ONCE VEGETATION IS ESTABLISHED / R/PqR/qN�� 2 OA —-- CHANNEL rOP R CHgNNE� M z ,ii A, T\BANK \\ R/PqR/ 2ONE 1 .,�,• . ,.. .,� -_ .-._ � � q \BUFFER R A = 37 F AR/q/y�gUFF \ ,• ,� A,Ilk w µ' 1lSTTT1TIIIitlrr�r '�1'�1� rrrrr tip~~ ���,,tttttlt„��� j rrrr ti �� ti Qp �'Rtq �r(fYfj�� r M M M i r SEAL " C-438 rr ff'` r CAS` -1'`4 rrr , X711 tt itttlti { lh~ rrrrrrr 1 918 � m L N N Z 00 N m N 3U Q d W n i m Q N �zsI 0 3 o ^ 3 u o U �m Q �o a SITE 'A' RESTORATION PLAN BLUE -LINE STREAM CROSSING NATIONWIDE PERMIT #29 FOR BLUEWA TER RISE CITY OF NEW BERN CRAVEN COUNTY NORTH CAROLINA OWNER/DEVELOPER A. SYDES CONSTRUCTION, INC. 100 CAROLINA PLANTATIONS BLVD JACKSONVILLE, NC 28546 SCALE: 1": 30' DATE : 5124/2018 PROJECT A: 2015 027 SHEET: 1 o/ 3 GENERAL NOTES 1. BOUNDARY INFORMATION IS AS PROVIDED ON THE MAP ENTITLED 'BOUNDARY MAP - A PORTION OF CRAVEN TRACT 32 WEYERHAEUSER REAL ESTATE DEVELOPMENT COMPANY" DATED DECEMBER 16, 2008, DAVID L. JONES, JR., PLS (L-3672), AND RECORDED IN PLAT CABINET/, SLIDE 70-H OF THE CRAVEN COUNTY REGISTRY. 2. DEED REFERENCE: DB 3404, PG 657. 3. ALL DISTANCES ARE HORIZONTAL GROUND MEASUREMENTS, NO GRID FACTORS APPLIED. 4. THIS PLAT DOES NOT CREATE A SUBDIVISION OF LAND AND IS A SURVEY OF AN EXISTING PARCEL OF LAND. 5. ADJACENT PROPERTY LINES ARE CONCEPTUAL IN NATURE AND NOT SURVEYED LINES. 6. ELEVATIONS ARE BASED ON NA VD 1988. 7. EXISTING CONTOUR INTERVALS SHOWN ARE AT ONE FOOT. 8. 404 WETLAND INFORMATION AS SHOWN IS AS APPROVED BY USACE WITH JURISDICTIONAL DETERMINATION ACTION ID: SAW -2016-01597. 9. BLUE -LINE STREAMS AS SHOWN HEREIN AREAS DETERMINED BY NCDEQ AND AS SHOWN ON BLUE -LINE STREAM DETERMINATION DWR#16-0325. 10. THIS CROSSING SITE DOES NOT SCALE WITHIN THE 100 YEAR FLOOD HAZARD AREA AS SHOWN ON FLOOD INSURANCE RATE MAP # 3720548600J, DATED JULY 2, 2004, AND AS ESTABLISHED BY FEMA. THIS REPORT IN NO WAY SUPERCEDES THE ABOVE MENTIONED FIRM. 11. THIS SITE IS NOT YET ADDRESSED. 12. THIS SUBDIVISION TO BE SERVED BY CITY OF NEW BERN WATER AND SEWER. FINAL DRAWINGS Released for permits only, not released for construction. REFORESTATION AREA TABULATIONS SITE 'B' BUFFERS: ZONE 1 - 928 SF ZONE 2 - 2,164 SF TOTAL = 3,092 SF i N 48 27112 SF 0.62 AC 249 5 F 0.58 AC LIMITS OF DISTURBANCE 0.63 AC M A4 i rr �A, A, A, y M / ,4 aau 47 ZONE 2 REFORESTATION 3185 SF0.73 AC AREA = 2164 SF ,�'� �R�pA �'2ONE2 ,� A, A, � R/qN BUFFER i `� RlpgRiA ONE r ZONE 1 R ORESTATION N 6UFFER A EA = 928 SF OP BANK CHANNEL TOP BANK M / Ripq,giqN ONE r BUFFER w M M QM H APf;I C L r 2 F M 'so RIPARIAN NRS to � 1 �>, ° EXISTING STORM DRAIN PROPOSED ALUMINUM ELBOWS —� PROPOSED STORM DRAIN REALIGNMENT —o o--�— - TEMPORARY SILT FENCE ® TEMPORARY CHECK DAM — . • . — PROPOSED WATER MAINS --- ,.; --z--- PROPOSED SEWER MAINS 1111I11III111111` ti ♦♦♦♦t♦111rr1t��� f rrf i �♦ gP OR,g •• ,' 0 r'''p fir. SEAL " C-438 tic 4v ,• ,♦ �oJ11CAR� rrrrrr 19 8 98 31*tll4 ti�``�111 CAR 1 f''rr E AfiTL limit 1 ♦ Q, ti~ rr 11 GIit1T�O�Sti SITE 'B' RESTORATION PLAN BLUE -LINE STREAM CROSSING NATIONWIDE PERMIT #29 FOR BLUEWATER RISE CITY OF NEW BERN CRAVEN COUNTY NORTH CAROLINA OWNER/DEVELOPER A. SYDES CONSTRUCTION, INC. 100 CAROLINA PLANTATIONS BLVD JACKSONVILLE, NC 28546 SCALE: 1": 30' DATE: 512412018 PROJECT#: 2015 027 SHEET: 2 of - BOUNDARY LINES — Rlw — — - — - ROADWAY c 404 WETLANDS ---- ;M ------- 404 WETLAND LINE RIPARIAN BUFFERS RIPARIAN BUFFER REFORESTATION AREA DASPHALT/SIDEWALK AREAS EXISTING STORM DRAIN PROPOSED ALUMINUM ELBOWS —� PROPOSED STORM DRAIN REALIGNMENT —o o--�— - TEMPORARY SILT FENCE ® TEMPORARY CHECK DAM — . • . — PROPOSED WATER MAINS --- ,.; --z--- PROPOSED SEWER MAINS 1111I11III111111` ti ♦♦♦♦t♦111rr1t��� f rrf i �♦ gP OR,g •• ,' 0 r'''p fir. SEAL " C-438 tic 4v ,• ,♦ �oJ11CAR� rrrrrr 19 8 98 31*tll4 ti�``�111 CAR 1 f''rr E AfiTL limit 1 ♦ Q, ti~ rr 11 GIit1T�O�Sti SITE 'B' RESTORATION PLAN BLUE -LINE STREAM CROSSING NATIONWIDE PERMIT #29 FOR BLUEWATER RISE CITY OF NEW BERN CRAVEN COUNTY NORTH CAROLINA OWNER/DEVELOPER A. SYDES CONSTRUCTION, INC. 100 CAROLINA PLANTATIONS BLVD JACKSONVILLE, NC 28546 SCALE: 1": 30' DATE: 512412018 PROJECT#: 2015 027 SHEET: 2 of r KnowMsef!w. \ 0811 before you dig. 5 GRAPHIC SCAL905 ��REFORESTATION DATA, SCHEDULE, NARRATIVE, & NOTES 2.5 \ 0 RESTORATION AREA TABULATION Ito BUFFER ZONE 1 = 5,739 SF (0.13 AC±). BUFFER ZONE 2 = 2,164 SF (0.05 AC ±). TOTALS = 7,903 SF (0.18 AC ±). I EX. 36"I PIPEV TO / TOP BANK MAIN TO iTH17LINE " CHANNEL PROPOSED RIP RAP ANQ w PG W _ TOP EINA K 8' FULL JOLT OF G 36" RE-ALIGNE6--, RCP PIPE �6\ 45" O ALUMINUM �. BENDS -BANDED BOTH SIDES PIPE RE -ALIGNMENT DETAIL r FINAL DRAWINGS Released for permits only, not released for construction. 1 SCHEDULE, NARRATIVE, & NOTES _ R` — 1. SEED ENTIRE AREA WITH A HERBACEOUS SEED MIX, PREFERABLY BROWN TOP OR PEARL MILLET. — — - — 2. AFTER COMPLETION OF ALL SEEDING AND BETWEEN NOVEMBER 1, 2018 AND DECEMBER 1, 2018, INSTALL TREES AS SHOWN BELOW IN ALL AREAS TO BE RESTORED. TREES SHALL BE PLANTED AT AN AVERAGE GRID ---- W --- SPACING AS SHOWN ABOVE, WHICH IS APPROXIMATELY EVERY 10 LF IN THE 'X" DIRECTION AND EVERY 10 LF IN DRIPARIAN THE "Y" DIRECTION. PLANTING GRID IS 10'± EACH WAY, WHICH IS APPROXIMATELY 440 TREES PER ACRE. O 3. TREES SHOULD BE INSPECTED FOR SURVIVAL EVERY 6 MONTHS, FOR THE FIRST THREE YEARS AFTER INITIAL PLANTING. ALL PLANTS THAT DID NOT SURVIVE THE INITIAL APPLICATION SHALL BE REPLACED ANDIOR DASPHALT/SIDEWALK REINSTALLED DURING THE OPTIMAL PLANTING SEASON. 4. AT THE COMPLETION OF THE 3 YEAR MONITORING AND INSPECTION PERIOD, VERIFY THAT ALL TREES ARE IN-PLACE AND SURVIVING. REPLACE ANY TREES NOT SURVIVING AS NECESSARY. 5. TREE SPECIES TO BE PLANTED AREAS FOLLOWS, UNLESS OTHERWISE APPROVED BY THE ENGINEER: WO = WILLOW OAK (25% OF TOTAL), SG = SWEET GUM (25% OF TOTAL), GRM = GERMAN RED MAPLE (25% OF TOTAL), WH = WATER HICKORY (25% OF TOTAL). 6. TOTAL TREE NUMBER REQUIRED !S APPROXIMATELY 80 TREES. REPRESENTATIVE REFORESTATION GRID I EX. 36"I PIPEV TO / TOP BANK MAIN TO iTH17LINE " CHANNEL PROPOSED RIP RAP ANQ w PG W _ TOP EINA K 8' FULL JOLT OF G 36" RE-ALIGNE6--, RCP PIPE �6\ 45" O ALUMINUM �. BENDS -BANDED BOTH SIDES PIPE RE -ALIGNMENT DETAIL r FINAL DRAWINGS Released for permits only, not released for construction. EXISTING STORM DRAIN PROPOSED ALUMINUM ` ELBOWS PROPOSED STORM DRAIN REALIGNMENT —o --o — 0 — -TEMPORARY SILT FENCE TEMPORARY CHECK DAM — -PROPOSED WATER MAINS --- S," - PROPOSED SEWER MAINS �I. 10' 10' rf. 10. 10, I 10' 10' WO `t"1111I I*ITI Illttt �titi'�GII�F)Ifjrt 1. ~�,,ti�y,tttttirrrtrr�, ,l� t�fl �`lltiO'4P Ex = SEAL y C-438 rr r,f, CAV~ty` �~ ,rl ''''rrrrrrtttt'' �ti` tl, jrlll„� 913 31,,,�tti.. SITE 'B' RESTORATION PLAN BLUE -LINE STREAM CROSSING NATIONWIDE PERMIT #29 FOR BLUEWATER RISE CITY OF NEW BERN CRAVEN COUNTY NORTH CAROLINA OWNER/DEVELOPER A. SYDES CONSTRUCTION, INC. 100 CAROLINA PLANTATIONS BLVD JACKSONVILLE, NC 28546 SCALE: AS SHOWN DATE: 512412018 PROJECT#:2015 027 SHEET: 3of3 BOUNDARY LINES _ R` — — — - — ROADWAY 4 404 WETLANDS ---- W --- 404 WETLAND LINE DRIPARIAN BUFFERS O RIPARIAN BUFFER REFORESTATION AREA DASPHALT/SIDEWALK AREAS EXISTING STORM DRAIN PROPOSED ALUMINUM ` ELBOWS PROPOSED STORM DRAIN REALIGNMENT —o --o — 0 — -TEMPORARY SILT FENCE TEMPORARY CHECK DAM — -PROPOSED WATER MAINS --- S," - PROPOSED SEWER MAINS �I. 10' 10' rf. 10. 10, I 10' 10' WO `t"1111I I*ITI Illttt �titi'�GII�F)Ifjrt 1. ~�,,ti�y,tttttirrrtrr�, ,l� t�fl �`lltiO'4P Ex = SEAL y C-438 rr r,f, CAV~ty` �~ ,rl ''''rrrrrrtttt'' �ti` tl, jrlll„� 913 31,,,�tti.. SITE 'B' RESTORATION PLAN BLUE -LINE STREAM CROSSING NATIONWIDE PERMIT #29 FOR BLUEWATER RISE CITY OF NEW BERN CRAVEN COUNTY NORTH CAROLINA OWNER/DEVELOPER A. SYDES CONSTRUCTION, INC. 100 CAROLINA PLANTATIONS BLVD JACKSONVILLE, NC 28546 SCALE: AS SHOWN DATE: 512412018 PROJECT#:2015 027 SHEET: 3of3