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Home My WebLink About20110483 Ver 1_Approval Letter_20130125ti 6+VC®��CR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Bob Wright Carolina Country Club 2500 Glenwood Avenue Raleigh, North Carolina 27608 Division of Water Quality Charles Wakild, P. E. Director January 25, 2012 Subject Property: Carolina Country Club Beaverdam Creek [030402, 27- 33 -15, C, NSW] John E Skvarla, III Secretary DWQ Project # 11- 0438v2 Wake County Approval of 401 Water Quality Certification and MODIFIED Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 26.0233) with Additional Conditions Dear Mr. Wright: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 96 linear feet of perennial stream (30 linear feet permanent impact and 66 linear feet temporary impact), 58 linear feet intermittent impact and 8,573 square feet of Zone 1 Neuse River protected riparian buffer, and 20,623 square feet of Zone 2 Neuse River protected riparian buffer, as described in your application dated May 5, 2011, and received by the Division of Water Quality (DWQ) on May 9, 2011, with additional information received on July 29, 2011. In addition, this Modification represents our approval for an additional 3,071 square feet of Zone 1 and 1,322 square feet of Zone 2 of the Neuse River protected riparian buffer, as described in your revised application dated January 22, 2013 and received by DWQ on January 23, 2013. This Certification replaces the Certification issued on August 12, 2011. These impacts are required to construct the proposed irrigation reservoir project at the site. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3821(3821). The Certifications) allows you to use Nationwide Permit(s) NW18 and NW39, 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 1611 Mad Service Center, Rolsgh, !forth C��hna 276% 1617 Lucatir,n 512 N Snhshury•'_'t Raleigh, North C% rlina 27604 Phot.- 919 - &07,,00 � I'AX 919 -?17 -6492 Interne vlvi r nwlq er_4uality ono NorthCaiolitia Mr. Bob Wright January 25, 2013 Page 2 of 5 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 Approved (Units) Plan location or Reference Stream - perennial 96[(linear feet) 30 linear feet Original PCN application page 8 of permanent impact and 66 linear 16 feet temporary impact] Stream - 58 (linear feet) Original PCN application page 8 of intermittent 16 Buffers Zone 1 8,573 (square ft.) Original PCN application pages 10 of 16 Buffers Zone 2 20,623 (square ft.) Original PCN application pages 10 of 16 *Buffers Zone 1 3,071 (square ft.) Revised PCN application pages 7 of 14 *Buffers Zone 2 1,322 (square ft.) Revised PCN application pages 7 of 14 *New impacts per PCN dated 1/22/13 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 Mr. Bob Wright January 25, 2013 Page 3 of 5 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. 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; 4. 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; 5. 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 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. 6. Compensatory Mitigation Mitigation must be provided for the Zone 1 impacts described in the PCN as specified in the table below (Zone 2 is grassed and will be restored as grass, so no mitigation is required). Mr. Bob Wright January 25, 2013 Page 4 of 5 Type of Impact Compensatory Mitigation Required River and Sub -basin Number Stream Neuse /03020201 Buffer Zone 1 9,213 Square Feet Neuse /03020201 Buffer Zone 2 Neuse /03020201 You have proposed to satisfy the mitigation requirement by performing on -site mitigation in two areas along Beaverdam Creek. The mitigation must be completed in accordance with the Neuse Buffer Restoration Plan dated January 21, 2013, and included with your application dated January 22, 2013. This mitigation must include planting of woody vegetation such that density of 320 stems per acre is achieved at maturity. Monitoring shall be conducted in accordance with the Restoration Plan, and monitoring reports shall be submitted by January 1 of each year following the on -site monitoring activities. Monitoring shall be conducted for five years or until the performance standards are met. In addition, within 90 days of your receipt of this buffer authorization, a copy of the recorded Conservation Declaration, including a map showing the protected area, shall be submitted to this Office within 90 days of your receipt of the permit modification. 7. Certificate of Completion The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWQ Webscape Unit within ten days of project completion (available at: http:// Dortal.ncdenr.ore/web /wq /swp /ws/ 401 /certsandoermits /apply /forms). You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http: / /www.ncoah.com/ or call (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Mr. Bob Wright January 25, 2013 Page 5 of 5 Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699 -6714. One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel, DENR, 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 Karen Higgins or Eric Kulz at 919 - 807 -6300. Sincerely, Karen Higgins, Sup or Wetlands, Buffers, Stormwater — Compliance & Permitting Unit KH/ewk cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Kevin Yates, EcoEngineering, A Division of John R. McAdams Company, 2905 Meridian Parkway, Durham, NC 27713 Filename: 110438CarolinaCountryClub (Wake)401_NBR_MOD