20080877 Ver 1_Approval Letter_20080530

OtO? W A T ?9
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
May 30, 2008
DWQ Project # 08-0877
Wake County
Ms. Betty Parker, Director of Real Estate Services
The Wake County Board of Education
1551 Rock Quarry Road
Raleigh, NC 27610
Subject Property: City of Raleigh Greenway Improvement - Albert B. Root Elementary School
Beaverdam Creek [030402, 27-33-15, C, NSW]
Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with
Additional Conditions
Dear Ms. Parker:
You are authorized to place fill within or otherwise impact 43 square feet of Zone 1 Neuse River basin
protected riparian buffer, and 0.00 square feet of Zone 2 Neuse River basin protected riparian buffer, per
15A NCAC 2B .0233, as described in your application dated March 19, 2008, and received by the
Division of Water Quality (DWQ) on May 27, 2008, to better position the greenway entrance to improve
accessibility and increase safety at the site. 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.
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 Authorization and approval letter and is thereby responsible
for complying with all conditions. This approval requires you to follow the conditions listed in the
attached certification and any additional conditions listed below.
The Additional Conditions of the Authorization are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
.he
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
Buffers Zone 1 43 (square ft.) PCN page 12 of 13
Buffers Zone 2 0.00 (square ft.) PCN page 12 of 13
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur buffer 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
XT9LC hr.-N-
401 Oversight/Express Review Permitting Unit X&54
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.ne.us/newettands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
The Wake County Board of Education
Page 2 of 3
May 30, 2008
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 to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources 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 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 .0233 (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.
7. Certificate of Completion
Upon completion of all work approved within the Buffer Authorization, 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 Authorization and may result
in criminal and/or civil penalties.
I he Wake County Board of Education
Page 3 of 3
May 30, 2008
If you do not accept any of the conditions of this Authorization, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This Authorization and
its conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization (associated with the approved buffer
impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to
review as provided in Articles 3.and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under the Neuse riparian buffer
protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone
Cyndi Karoly or Ian McMillan at 919-733-1786.
CHSl ijm
Enclosures: Certificate of Completion
Since ly,
Coleen H. Sullins
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
John Picha, Alpha & Omega Group, 4911 Green Road, Raleigh, NC 27616
Filename: 080877CORaleighGreenwaylmprovementAlbertBRootElementarySchool(Wake)NBR
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
1,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water-Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
County:
Certificate of Completion
Date:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date