The URL can be used to link to this page

Home My WebLink About20110581 Ver 2_Approval Letter_20120711MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild PE Dee Freeman Governor Director Secretary July 11 2012 Mr Doug McRamey Town of Cary 3'6N' Xcadcm) Strcct Cary NC 27513 DWQ Proieet R 11 0581 V— 2 Wake County Subject Property Western Cary Streams Restoration White Oak Creek [030605 16 41 6 (0 7) WSIV NSW] Approval of 401 Water Quality Certification with Additional Conditions MODIFICATION Dear Mr McRamey You have our approval in accordance with the attached conditions and those listed below to place fill within or otherwise impact 1 530 linear feet of perennial stream and 0 08 acres of open waters (pond) for the purpose of stream restoration at the subject property as described in your application dated June 21 2012 and received by the N C Division of Water Quality (DWQ) on June 25 2012 After reviewing your application we have decided that the impacts are covered by General Water Quality Certification Number 3689 (GC 3689) The Certification allows you to use Nationwide Permits) 27 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 Type of Impact Amount A roved Units Plan Location or Reference Stream 1 530 (feet) I Narrative and Plans n lard Buffela lot rim i P I it Seri e (e f i Iior ri101 ) 1 A IrI iti, I i hPprial n 1e i n t t it OPPAW ty i run r U i Pllanr no o f ii nl l Iris IWeBSCaP 1 J7 hi JA I pI Town of Cary Page 2 of 4 tk'Y 11 2012 Open Waters (pond) 10 08 (acres) I Narrative and Plans 2 Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications Dovernirg +he proper dc-ign installat or and operation and maintenan�e of �i.ch Bess Management Practices in order to protect surface waters standards a The erosion and sediment control measures for the protect 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 meaburea inubt be but h that they equal of exceed the requuen►enth spewfieu ir► We must 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 protect P, For borrow pit sites the erosion and sediment control measures must be designed installed operated and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual J The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 3 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 4 No Sediment & Erosion Control Measures w/n Wetlands or 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 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 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 Unit (WeBSCaPe) North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 Town of Cary Page s of 4 J41, 11 2012 6 Stream Restoration You have our approval for your proposed final stream restoration plan The stream restoration — uo« be .,V�� "u�.«cd ^i« & 'icd a ~d r°;,� torcd acco "d ►g �:, 1 c pla °,, uppro cd by I , 101rcc Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments 7 Tree Protection The stream restoration must be conducted in such a manner so as to preserve as many existing riparian zone trees as feasible In addition to leaving as manv trees standing as possible access routes to the stream and wetland creation areas must be routed to avoid heavy equipment traffic over the roots of preserved trees to the extent practicable 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 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 OOam and 5 OOpm 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) 431 3000 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 Town of Cary Page 4 of 4 July 1' 2012 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 Karen Higgins or Ian McMillan at 919 807 6301 / Sin c�ely Charles Wakild PE CHS /gm Enclosures GC 3689 Certificate of Completion cc USACE Raleigh Regulatory Field Office Lauren Witherspoon DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Phillip M Payonk U S Army Corps of Engineers — Wilmington District 69 Darlington Avenue Wilmington NC 28403 Filename 110581 WestemCaryStreamsRestoration (Wake )401—MOD