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HomeMy WebLinkAbout20061758 Ver 1_Approval Letter_20070212O~O~ WAT ~9pG '~ ~ Mr. Rex Brown West Landing Development P.O. Box 1241 Sanford, NC 27331 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 12, 2007 Re: West Landing Subdivision, Lee County DWQ #20061758; USACE Action ID. No. SAW-2006-20400-253 APPROVAL of 401 Water Quality Certification with Additional Conditions AFTER-THE-FACT Dear Mr. Brown: Attached hereto is a copy of Certification No. 3614 issued to Mr. Rex Brown and West Landing Development, dated February 12, 2007. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. S i~tcerely, 1 ? Alan W. Klimek, P.E. AWK/cbk/ijm Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements Certificate of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE Mike Horan, DWQ, Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Tom Rouse, ECS Carolinas, LLP, 9001 Glenwood Avenue, Raleigh, NC 27617 401 OversighUExpress Review Permits Unit 1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: http://h2o.enr.state.nc.us/ncwetlands Filename: 061758WestLandingSD(Lee)401_IC 1V °ehCarolina ~atura!!y An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper Mr. Rex Brown and West Landing Development Page 2 of 5 February 12, 2007 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION 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 15 NCAC 2H, Section .0500 to Mr. Rex Brown and West Landing Development, to fill or otherwise impact 0.14. acres of 404/wetland, 0.21 acres of stream channel (pre-1996 impact), 5641inear feet of perennial stream, 1 OO linear feet of intermittent stream, and temporary impacts to 0.10 acres of 404/wetland to construct the West Landing residential subdivision which is located off Wicker Street in Sanford, Lee County, North Carolina, pursuant to an application dated November 7, 2006 and received by the DWQ on December 14, 2006, and by Public Notice by the U.S. Army Corps of Engineers issued on the 14th day of December of 2006 (received by DWQ on December 14, 2006). The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: 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: Amount A roved (Units Plan Location or Reference 404/Wetland 0.14 (acres A lication and Public Notice Stream channel ( re-1996) 0.21 (acres A lication and Public Notice 404/Wetland 0.10 (acres)- tem ora im act A lication and Public Notice Stream - erennial 564 (linear feet) A lication and Public Notice Stream -intermittent 100 (linear feet) A lication and Public Notice Mr. Rex Brown and West Landing Development Page 3 of 5 February 12, 2007 Sediment and Erosion Control: 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade. restored within six months of the date that the Division of Land Resources has released the project; Protective Fencing -The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404; Continuing Compliance: 6. Mr. Rex Brown and West Landing Development shall conduct construction 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. If the Division 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, the Division 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, the Division shall notify Mr. Rex Brown and West Landing Development, Mr. Rex Brown and West Landing Development Page 4 of 5 February 12, 2007 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 Mr. Rex Brown and West Landing Development 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; Miti ag tion: 7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Re uired River and Sub-basin Number Stream 564 (linear feet) Ca e Fear/03030003 8. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http: //h2o. enr. state. nc. us/su/Forms Documents. htnt. ; 9. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Mr. Rex Brown and West Landing Development Page 5 of 5 February 12, 2007 Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Winston-Salem, NC, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Winston-Salem, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 12`" day of February 2007 DIVISION OF WATER QUALITY ~`a `~'~ .~ Cam-. ,.,`~.- n i '7~ Alan W. Klimek, P.E. ~~: 3614 AWK/cbk/ijm ~OF W ATF9p Michael F. Easley, Governor ~~ ~i William G. Ross Jr., Secretary ~!J ~ North Carolina Department of Environment and Natural Resources ~ .~ Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, Mr. Rex Brown and West Landing Development, to fill or otherwise impact 0.14 acres of 404/wetland, 0.21 acres of stream channel (pre-1996 impact), 564 linear feet of perennial stream, 100 linear feet of intermittent stream, and temporary impacts to 0.10 acres of 404/wetland to construct the West Landing residential subdivision which is located off Wicker Street in Sanford, Lee County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJECT #: LOCATION: COUNTY BASIN/ SUB BASIN 20061758 Sanford Lee Cape Fear/03030003 As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigabee impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Im acts Miti ation 564 Linear feet of Stream 564 Linear feet of Stream One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Filename: 061758 WestLandingSD(Lee~101_IC_EEP Nose Cazolina 401 Oversight/Express Review Permitting Unit ~tllCR~~lf 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper