20090745 Ver 1_Approval Letter_20090813

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 13, 2009
DWQ Project # 09-0745
Durham County
Ms. Susan Fox Beischer
2726 Croasdaile Drive, Suite 101
Durham, NC 27705
Subject Property: Rose of Sharon
Ut to Mill Creek [030401, 27-2-17-1, WSIV, NSW] - REVISED
Approval of 401 Water Quality Certification, General Permit For Impacts To Isolated and Other
Non-404 Jurisdictional Wetlands and Waters Permit No. IWGP100000 and Authorization Certificate
per the Neuse River Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Ms. Beischer:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.035 acres of 404/wetland (temporary impact), 275 linear feet of permanent,
perennial stream impact, 272 linear feet of temporary, perennial stream impact, 20 linear feet of
temporary, intermittent stream impact, 29 linear feet of temporary, isolated stream impact, 0.09 acres of
open water (pond), and 16,061 square feet of Zone I Neuse River basin protected riparian buffers and
10,548 square feet of Zone 2 Neuse River basin protected riparian buffers, as described in your
application dated July 1, 2009, and received by the Division of Water Quality (DWQ) on July 1, 2009, to
construct the proposed residential development at the site. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705).
The Certification(s) allows you to use Nationwide Permit(s) NW29 when issued by the US Army Corps
of Engineers (USACE). This Certification replaces the Certification issued to you on August 11,
2009. This letter shall also act as your approved Authorization Certificate for impacts to the protected
riparian buffers per 15A NCAC 213 .0233. In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit, or expiration of the Isolated
and Other Non-404 Jurisdictional Wetlands and Waters as depicted in your application and as
authorized by this Permit, shall expire upon expiration of IWGP100000 (October 31, 2013) or
unless otherwise rescinded by the Director of the Division of Water Quality.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetiands/
NorthCarolina
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aMumlly
An Equal Opportunity 1 Affirmative Action Employer
Ms. Susan Fox Beischer
Page 2 of 4
August 13, 2009
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.035 (acres) PCN application page 5 of 12
Stream - perennial 547 [(linear feet) 275 linear feet
permanent impact and 272 linear feet
temporary impact] PCN application pages 5 and 6
of 12
Stream - intermittent 20 linear feet temporary impact) PCN application page 6 of 12
Stream - isolated 29 (linear feet temporary impact) PCN a lication page 6 of 12
Open Water and 0.09 acres
Buffers Zone 1 16,061 (square ft.) PCN application page 7 of 12
Buffers Zone 2 10,548 (square ft.) PCN application page 7 of 12
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
Ms. Susan Fox Beischer
Page 3 of 4
August 13, 2009
5. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B.0233(5)
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B
.0233(5)), you have provided the DWQ with level spreader (or bioretention) designs received by
the DWQ June 1, 2009, and August 3, 2009. The DWQ believes that if implemented, as per these
plans, diffuse flow will be achieved. However, if diffuse flow as per 15A NCAC 02B.0233(5) is
not achieved, then the DWQ shall be notified and corrective actions to restore diffuse flow shall
be taken if necessary to impede the formation of erosion gullies. At no time shall stormwater
from the proposed development be piped directly through the buffer without prior DWQ written
authorization.
The Operation & Maintenance (O&M) agreement(s) for the proposed level spreaders (diffuse
flow measures) signed by Ms. Susan Fox Beischer on March 4, 2009, must transfer with the sale
of the land or transfer of responsibility for the stormwater facilities. DWQ must be notified
promptly of every transfer.
The structural stormwater practices as approved by this Office as well as drainage patterns must
be maintained in perpetuity. No changes to the structural stormwater practices shall be made
without written authorization from the Division of Water Quality. Stormwater easements shall be
recorded for a distance of at least 10 feet on each side of all stormwater conveyances, on all lots
containing these structures including future access for maintenance. The stormwater easements
shall allow for the ability to maintain the structures, perform corrective actions as described
above and shall provide protection of the structures from potential alternations by future property
owners.
Additionally, you must reseed areas below the level spreaders that are sparsely vegetated.
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities;
Miti ag tion:
7. Compensatory Mitigation Using the Forest Creek Mitigation Bank (EarthMark Mitigation Services)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you have agreed to provide stream mitigation for proposed stream impacts and
wish to make a payment to the Forest Creek Mitigation Bank (EarthMark Mitigation Services) to
meet this mitigation requirement. This has been determined by the DWQ to be a suitable method
to meet the mitigation requirement and additional mitigation commitment. Until EarthMark
Mitigation Services) receives and clears your check no impacts specified in this Authorization
Certificate shall occur. EarthMark Mitigation Services should be contacted at [phone] if
you have any questions concerning payment into a restoration fund. You have 60 days from the
date of this approval to make this payment. For accounting purposes, this Authorization
Ms. Susan Fox Beischer
Page 4 of 4
August 13, 2009
Certificate authorizes payment into the Wetlands Restoration Fund to meet the following
compensatory mitigation requirement:
Type of Wetland Compensatory Mitigation Required River and Sub-basin Number
Stream - perennial 275 (linear feet) Neuse/03020201
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act, Isolated and Other Non-404 Jurisdictional Wetlands and Waters Rules (IWP100000) and the Neuse
riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions,
please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sincere ,
Coleen H. Sullins
CHS/gym
Enclosures: GC 3705
IWGP100000
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Nicole Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 090745RoseOtSharon(Durham)401_[W_NBR_Revised