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Home My WebLink About20041920 Ver 2_Approval Letter_20090824 Beverly Eaves Perdue Governor E~ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H, Sullins Director Dee Freeman Secretary August 24, 2009 DWQ EXP No. 04-1920v2 Durham County Mr. Dale King City of Durham 2011 Fay Street Durham, NC 27704 Subject Property: Third Fork Creek Southern Greenway Third Fork Creek [030605,16-41-1-12-(1), C, NSW] Approval of 401 Water Quality Certification and Authorization Certification per the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules (15A NCAC 2B .0267) with Additional Conditions Dear Mr. King: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.374 acres of wetland, 157 linear feet of intermittent stream, 4,440 square feet of Zone 1 Jordan Water Supply basin protected riparian buffer, and 7,950 square feet of Zone 2 Jordan Water Supply basin protected riparian buffer, as described in your application dated August 17, 2009, and received by the Division of Water Quality (DWQ) on August 17,2009 with additional information received on August 24, 2009 to construct the proposed greenway at the site. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3704 (GC3704). The Certification(s) allows you to use Nationwide Permit(s) NW14 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0267. In addition, you should obtain or otherwise comply with any other required federal, state or local penn its before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. 401 OversighVExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location 2321 Crabtree Blvd, Raleigh, North Carolina 27604 Phone 919-733-1786 \ FAX 919-733-6893 Internet: http://h2o.enr.state.nc.us/ncwetlandsl N~rth Carolina ;Vall/fally An Equal Opportunity \ Affirmative Action Employer City of Durham DWQ EXP# 04-1920v2 Page 2 of 4 August 24, 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: Plan Location or Reference Au ust 17,2009 Wetlands 1m acts Table Au ust 17,2009 Stream 1m acts Table Au ust 17,2009 PCN .7 of 13 Au ust 17,2009 PCN .7 of 13 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 and authorized by this approval letter. 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. No Sediment and Erosion Control Measures in Wetlands and Waters 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 ofthe date that the Division of Land Resources or locally delegated program has released the project. 4. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, instalIation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: 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. 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. 5. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with GC 3704. 6. Diffuse Flow City of Durham DWQ EXP# 04-1920v2 Page 3 of 4 August 24, 2009 All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0267 (8). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 7. Notification of Construction The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead address within ten (10) days of the commencement of construction. 8. Certificate of Completion Within thirty (30) days of the 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. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 9303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Ifthe 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. 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, NC, 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rule as described within 15A NCAC 2B .0267. If you have any questions, please telephone Lia Myott Gilleski or Joseph Gyamfi at 919-733-1786. S~\~ r Coleen H. Sullins ~ City of Durham DWQ EXP# 04-i920v2 Page 4 of 4 August 24, 2009 CHS/cbk/lmg Enclosures: Certificate of Completion GC 3704 cc: USACE Raleigh Regulatory Field Office Lauren Witherspoon, DWQ Raleigh Regional Office File Copy Ms. Jennifer Archambault, Dr. J. H. Carter III & Associates, Inc., 515-F Midland Rd., Southern Pines, NC 28387 File: 041920v2ThirdForkCrkSouthemGreenway(Durham)EXP+40 1 (NW 14 )JBR.doc