HomeMy WebLinkAbout20090554 Ver 2_401 Certification 5-6-2010_20190620®�,tI
NCS R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 6, 2010
DWQ Project # 09-0554
Nash County
Mr. Ralph Hodge
Hodge -Morris, LLC
1708 Trawick Road, Suite 209
Raleigh, NC 27604
Subject Property: Olde Mill Stream
Ut to Maple Creek [030302, 28-66, WSIV, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar -
Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions
Dear Mr. Hodge:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.407 acres of 404/wetland (0.086 acres permanent impact
and 0.321 acres temporary impact), 90 linear feet of intermittent stream, and 6,172 square feet of
Zone 1 Tar -Pamlico River basin protected riparian buffer, and 4,008 square feet of Zone 2 Tar -
Pamlico River basin protected riparian buffer, as described in your revised application dated
February 5, 2010, and received by the Division of Water Quality (DWQ) on February 5, 2010,
with additional information received from you on April 5, 2010, to construct the proposed
residential subdivision at the site. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3821 (GC3821). The
Certification(s) allows you to use Nationwide Permit(s) NW29 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 213 .0259. 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.
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 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX: 919-733-6893
Internet: http:/lh2o.encstate.nc.uslncwefiandsl
An Equal Opportunity 1 Affirmative Action Employer
One
NhCarolina
Naturallrf
Hodge -Morris, LLC
Page 2 of 5
May 6, 2010
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
0.407 [(acres) .086 acres permanent
impact and 0.321 acres temporary
impact]
PCN page 5 of 11
Stream intermittent
90 linear feet
PCN page 5 of I 1
Buffers Zone 1
6,172 (square ft.
PCN page 6 of 11
Buffers Zone 2
4,008 (square ft.
PCN page 6 of 11
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
Hodge -Morris, LLC
Page 3 of 5
May 6, 2010
within two (2) months of the date that the Division of Land Resources or locally delegated
program has released the project;
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;
6. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
BMP measures from the most current version of NCDOT Construction and Maintenance
Activities manual
(http://www.ncdot.org/doh/oi)erations/BMP manual/download/BMP Manual.i)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to
prevent excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section
dimensions, pattern, and longitudinal profile) must be maintained above and below
locations of each culvert. Culverts shall be designed and installed to allow for aquatic life
movement as well as to prevent head cutting of the streams. If any of the existing pipes are
or become perched, the appropriate stream grade shall be re-established or, if the pipes
installed in a perched manner, the pipes shall be removed and re -installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of
the stream up or down stream of the culvert(s). Existing stream dimensions (including the
cross section dimensions, pattern and longitudinal profile) shall be maintained above and
below locations of each culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed
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 48 inches, to allow low flow passage of water and aquatic life. Design and placement
of culverts and other structures including temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is
required to provide evidence that the equilibrium shall be maintained if requested in writing
by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods. If rip -rap is necessary, it shall not be placed in the stream bed, unless specifically
approved by the Division of Water Quality.
Hodge -Morris, LLC
Page 4 of 5
May 6, 2010
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project. Please send photographs upstream and downstream of each
culvert site to document correct installation along with the Certificate of Completion form.
7. Diffuse Flow
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 .0259 (5). 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.
8. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent
building or other structure is occupied at the site. If a development is phased, then the
approved SMP for each future phase must be constructed and operational before any
permanent building or other structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP
approval authority. If the SMP falls under another state stormwater program, then a
copy of the approval letter and the modified SMP must be submitted to the 401
Oversight/Express Unit prior to the commencement of the modifications.
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
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 wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative
hearings. You must file the petition with the office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the office of
Hodge -Moms, LLC
Page 5 of 5
May 6, 2010
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the
Office of Administrative Hearings within five (5) business days following the faxed
transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919)-733-2698, Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Tar -Pamlico riparian buffer protection rule as described within 15A NCAC
2B .0259. If you have any questions, please telephone Ian McMillan or Amy Chapman at 919-
733-1786..
CHS/ijm
Since ly,
/0�coleen H. Sullins
Enclosures: GC 3821
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Robert S. Bartlett, Bartlett Engineering & Surveying, PC, 1906 Nash Street NW,
Wilson, NC 27893
Filename: 09055401deMillStream(Nash)401 _TPBR