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Home My WebLink About20110661 Ver 1_Approval Letter_20120718MC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary July 18 2012 DWQ Project # 2011 0661 Wake County Omega Association Management Attn Mr George Sewell 1010 Buck Jones Road Raleigh NC 27606 Subject Property Chastain II, Raleigh, NC UT to Crabtree Creels [030402 27 31 (10) C tNbW1 AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B 0233) Authorization Certificate Dear Mr Sewell You have our authorization in accordance with 15A NCAC 02B 0233 and any conditions listed below to impact approximately 1 253 square feet (ft) of Zone 1 protected riparian buffers and 1 083 square feet (ft) of Zone 2 protected riparian buffers to construct the proposed plunge pool and stabilization measures at the subject property as described within your application dated June 30 2011 received by the Division of Water Quality (DWQ) on July 14 2011 with additional information received by DWQ on September 30 2011 February 2 2012 and May 10 2012 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 Non discharge regulations This authorization certification 1s for the purpose and design that you described in your application If you change your protect you must notify us and you may be required to send us a new application If the property 1s sold the new owner must be given a copy of this authorization letter and 1s thereby responsible for complying with all conditions This authorization requires you to follow the conditions listed below The Additional Conditions of the Certification are I 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 2 Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing &e proper design i- .talla* on and opera*ior and ma *i*eTiance of such Best T%4a-agerre'it Pract ces in order to protect surface waters standards 6 Iffe '- rrm ter I, of irl anc I � R a tin I f B CAPC One L x115 Vic (' I I F P IEI(1 North 11 �a i 1� N 7 hygC��ar��ohna "I 1 0� C 0( Ifi �It3J 64 11 r I+ PP rt I P IV Amount Approved (Units) Plan Location or Reference Zone 1 Buffers 1 253 (square ft ) Page 5 of 10 of revised PCN Zone 2 Buffers 1 083 (square ft ) Page 5 of 10 of revised PCN 2 Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing &e proper design i- .talla* on and opera*ior and ma *i*eTiance of such Best T%4a-agerre'it Pract ces in order to protect surface waters standards 6 Iffe '- rrm ter I, of irl anc I � R a tin I f B CAPC One L x115 Vic (' I I F P IEI(1 North 11 �a i 1� N 7 hygC��ar��ohna "I 1 0� C 0( Ifi �It3J 64 11 r I+ PP rt I P IV Omega Assoc Mngt Page 2 of 4 ►uly 18 2012 a The erosion and sediment control measures for the project must be designed installed operated and maintained rn accordance with the most recent version of the North Car ohna Sedunent and Etusiun Coithoi Planning and Design Al'ariz:al 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 protect c 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 d The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 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 by 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 The diffuse flow system (consisting of a flow splitter scour hole and bypass channel) all stormwater conveyances and the grading and drainage patterns depicted on the plan sheets dated May 22 2012 as approved by this office must be maintained in perpetuity The diffuse flow structures shall have maintenance access and at least a 10 foot drainage easement on each side to allow for the ability to maintain the structures and to perform corrective actions The stormwater easements shall be recorded to provide protection of the structures from potential alterations by future property owners 6 All operation and maintenance activities shall be followed as stipulated in the Operation and Maintenance Agreement signed by Divida Johnson Community Manager and notarized on June 6 2012 7 The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWQ 401 Program within ten days of project completion (available at http //portal ncdenr org/web/wq/swp/ws/40 I /certsandperm its/apply/forms) 8 Cerl-if cafe of Corrp'ction Upon completion of all work approved within this authorization and any subsequent modifications the applicant is required to return the attached certificate of completion to the Wetlands Buffers Stormwater Compliance and Permitting Unit North Carolina Division of Water Quality 1650 Marl Service Center Raleigh NC 27699 1650 Omega Assoc Mngt Page 3 of 4 Jul) 18 2012 9 Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained Jurisdictional wetlands v a ers and p "otect ve buffc-o in o ~dc- to a.,surc compliance fo~ 4uture wetland wate, and buffer impact 1 hese mechanisms shall be put in place at the time of recording of the property or of individual lots whichever is appropriate A sample deed notification can be downloaded from the Wetlands Buffers Stormwater Compliance and Permitting Unit web site at http / /portal ncdenr org/web /wq /swp /ws /401 /certsandpennits /apply /forms The text of the sample deed notification may be modified as appropriate to suit to this project Any disputes over determinations regarding this Authorization (associated with the approved buffer impacts) shall be referred in writing to the Director within thirty (30) days of receipt of this notice for a decision You can contest the Director s decision as provided in Articles 3 and 4 of G S 150B To contest the Director s decision 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 Heanngs 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 431 3000 Fax (919) 431 3100 A copy of the petition must also be served on DENR as follows Mr William Carey General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 This Authorization shall expire five (5) years from the date of this letter This letter completes the review of the No Practical Alternatives determination under 15A NCAC 2B 0233 If you have any questions or would like a copy of the buffer rules please call Amy Chapman at (919) 807 6400 or Karen Higgins at (919) 807 6360 This letter does not authorize any impacts to either Waters of the United States or Waters of the State Please contact the US Army Corps of Engineers (USACE) or DWQ if any impacts are proposed to either of these waters Slpcerel arles W d P E CW/kah/asc Omega Assoc Mngt Page 4 of 4 y July 18 2012 Enclosures Certificate of Completion cc Lauren Witherspoon DWQ Raleigh Regional Office Juneb & Ciioszen Engineet ing PLLC httn Mr Petei Cnosbca PO Box 1062 Apex NC 27502 File Copy Filename 110661 Chastain II(Wake)NBR