20051280 Ver 2_Approval Letter_20080630

?CFWAT?R4
0 ?¦ u r?

C? liii? -1?
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
June 30, 2008
Town & Country Developers at Wilmington, Inc.
Attn: Mr. Mike Alvis
3240 Burnt Mill Drive, Suite 3
Wilmington, NC 28403
Subject Property: Tryon Village Townhomes
Speight Branch [030402, 27-43-3.5, WS-III, NSW]
DWQ EXP No. 05-1280v2
Wake County
AUTHORIZATION of Neuse River Buffer Rule (I 5A NCAC 02B .0233) Authorization Certificate
with Additional Conditions
Dear Mr. Alvis:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 1,297 ft2 of Zone 1 and 458 ft2 of Zone 2 of the protected riparian buffers for the
purpose of constructing the residential subdivision and greenway trail at the subject property as described
within your application dated June 16, 2008 and received by the Division of Water Quality on June 16,
2008 with additional information received on June 23, 2008 and June 30, 2008. 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 certificate 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 letter and is thereby
responsible for complying with all conditions. This authorization requires you to follow the 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:
Amount Approved (Units) Plan Location or Reference
Zone 1 Buffers 1,297 (square ft.) June 16, 2008 PCN page 8 of 9
Zone 2 Buffers 458 (square ft. June 16, 2008 PCN page 8 of 9
2. Erosion & Sediment Control Practices
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:
401 Oversight/Express Review Permitting Unit
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/ncwetlands
Noe Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Town & Country Developers at Wilmington, Inc.
Page 2 of 3
June 30, 2008
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.
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 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. Diffuse Flow
An additional condition is that 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).
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B
.0233(5)), you have provided the DWQ with a level spreader design for Wet Detention Pond #1
received on June 20, 2008 and revisions of a plunge pool received on June 30, 2008. The DWQ
believes that if implemented, as per these plans, diffuse flow will be achieved. However, if
diffuse flow as per 15A NCAC 02B .0233(5) has not been 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 written authorization by DWQ.
6. 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 to ensure compliance with 15A
NCAC 2B .0233.
7. Certificate of Completion
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 401
Oversight/Express Review Permitting Unit, North. Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
Town & Country Developers at Wilmington, Inc.
Page 3 of 3
June 30, 2008
Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These 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
401/Wetlands Unit web site at: http://h2o.enr. state. nc. us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
Any disputes over determinations regarding this Authorization Certificate (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 Authorization Certificate 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, please telephone Lia Myott Gilleski at 919-733-1786. 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 NC Division of Water Quality (DWQ) if any impacts are
proposed to either of these waters.
Sincerely,
y ' Coleen H. Sullins
CHS/cbk/lmg
Enclosures: Certificate of Completion
cc: James Shern, USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files
DLR Raleigh Regional Office
Debbie Edwards, Soil & Environmental Consultants, PA, 11010 Raven Ridge Rd, Raleigh, NC
27614
Filename: 051280v2Tryon V i I I ageTownhomes(W ake)EXPNBRAuth