20080067 Ver 3_Approval Letter_20110419

?IM,
WENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 19, 2011
DWQ Project # 08-0067, Ver. 3
Wake County
North Broad Street, LLC
201 Weston Parkway, Suite 203
Cary, NC 27513
Subject Property: Alston Pond
Ut to Basal Creek [030403, 29-43-15-3, B, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Sir or Madam:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.033 acres of 404/wetland (0.019 acres permanent impact and 0.014 acres
temporary impact), 147 linear feet of perennial stream, 27 linear feet intermittent stream (temporary
impact), and 13,550 square feet of Zone 1 Neuse River basin protected riparian buffers and 19,501 square
feet of Zone 2 Neuse River basin protected riparian buffers, as described in your application dated
February 1, 2011, and received by the Division of Water Quality (DWQ) on February 3, 2011, with
additional information received February 14, 2011, on 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) 3821 (GC3821). The Certification(s) allows you to use
Nationwide Permit(s) NW29 when issued by the US Army Corps of Engineers (USACE). 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.
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:
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX: [phone]
Internet hftp://pu,al.ncdenr.org/weh/wq/ws
An Equal Opportonity 1 Affirmative Action Em; ,foyer
North Broad Street, LLC
Page 2 of 4
April 19, 2011
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.033 [(acres) 0.019 acres permanent impact
and 0.014 acres temporary impact] PCN application page 5 of 13
Stream - perennial 147 (linear feet) PCN application page 5 of 13
Stream - intermittent 27 linear feet) - temporary impact PCN a lication page 5 of 13
Buffers Zone 1 13,550 (square ft.) PCN a lication page 7 of 13
Buffers Zone 2 19,501 (square ft.) PCN a lication page 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. 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 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 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. Diffuse Flow
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
North Broad Street, LLC
Page 3 of 4
April 19, 2011
15A NCAC 2B.0233(5). 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.
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 Wetlands, Buffers,
Stormwater, Compliance and Permitting (WeBSCaPe) Unit prior to the commencement of
the modifications.
8. Locate, Stake and Survey Proposed Perennial Stream Impacts
The centerline of your proposed stream impacts must be located, staked and surveyed in the field
and this survey submitted to the DWQ prior to the occurrence of the proposed impacts. If your
actual stream impacts meet or exceed 150 linear feet, you will need to mitigate for the entire
length of stream.
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 Wetlands, Buffers, Stormwater, Compliance and Permitting
(WeBSCaPe) 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 sixty (60) days of receipt of
this notice. A petition is considered filed when it is received in the Office of 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
North Broad Street, LLC
Page 4 of 4
April 19, 2011
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
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
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Ian McMillan or Amy Chapman at 919-807-6301.
Sincerely,
leen H. Sullins
CHS/ijm
Enclosures: GC3821
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Troy Beasley, Withers & Ravenel, 1410 Commonwealth Drive, Suite 101, Wilmington, NC 28403
Filename: 080067 Ver3AlstonPond(W ake)401_NBR