20081348 Ver 1_Acceptance Letter_20081021

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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
October 21, 2008
DWQ EXP No. 08-1348
Wake County
Toxey Drive, LLC
Attn: Leonard S. Woodall Jr.
702 Oberlin Road, Suite 410
Raleigh, NC 27605
Subject Property: Cedar Chest Subdivision
UT to Crabtree Creek [030402, 27-33-(10), C, NSW]
Approval of 401 Water Quality Certification, Authorization Certification per the Neuse River Buffer
Protection Rules (15A NCAC 2B.0233), and Authorization of Neuse River Riparian Buffer
Protection Rules Minor Variance [15A NCAC 2B.0233(9)(b)] with Additional Conditions
Dear Mr. Woodall:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.00975 acres of wetlands, 107 linear feet of perennial stream and 8,614 ftZ of
Zone 1 and 5,858 ftZ of Zone 2 of the protected riparian buffers for the purpose of constructing the
proposed subdivision, as described within your Pre-construction Notification Application dated
September 19, 2008 (received by DWQ on September 22, 2008) with additional information received by
DWQ on October 6, 2008, October 16, 2008, and October 20, 2008. The impacts are covered by: General
Water Quality Certification Number 3705 (GC3705). General Certification 3705 allows you to use
Nationwide Permit NW29 when issued by the US Army Corps of Engineers (USACE). This also acts as
your Minor Variance authorization as described within 15A NCAC 2B .0233(9)(b). 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 Permit.
This approval is for the purpose and design that you described in your PCN application (September 19,
2008 with corrected page 12 of 13, received October 16, 2008). If you change your project, you must
notify us and you may be required to send us a new application. If the property (or a lot on 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
Water Quality Certification (GC3705) and any additional conditions listed below.
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.nc.us/ncwetlands
Noce hCarolina
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Cedar Chest Subdivision
DWQ EXP# 08-1348
Page 2 of 6
October 21, 2008
The Additional Conditions of the Certification are:
2. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (and Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Impact Type Amount Approved nits Plan Location or Reference
Wetland 0.00975 (acres) September 19, 2008 PCN . 8 of 13
Stream (perennial) 107 (linear feet) September 19, 2008 PCN . 8 of 13
Riparian buffer Zone 1) 8,614 s uare feet October 20, 2008 Impact Table
Riparian buffer (Zone 2) 5,858 (square feet) October 20, 2008 Impact Table
2. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to
Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious
surfaces shall be added to Zone 1, unless otherwise approved by the DWQ.
3. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for 1,825 square feet of impacts to Zone 2 of the protected riparian
buffers is 2,738 square feet as required under this variance authorization and 15A NCAC 2B
.0233. We understand that you wish to make a payment into the Riparian Buffer Restoration
Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. In accordance with 15A NCAC 2B .0233, this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the EEP
receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program
Office), no impacts specified in this variance authorization shall occur. Mrs. Susan Klimek
should be contacted at [phone] if you have any questions concerning payment into the
EEP. For accounting purposes, this variance authorization authorizes payment into the
Riparian Buffer Restoration Fund to compensate for 2,738 ft2 of required riparian buffer
mitigation for impacts to 1,825 ft2 of protected riparian buffers; 03020201 cataloging unit.
4. 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 and authorized by this
approval letter. 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
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. 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. 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
Cedar Chest Subdivision
DWQ EXP# 08-1348
Page 3 of 6
October 21, 2008
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.
3. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http: //h2o. enr, state. nc. us/su/Forms Documents. htm.
4. No Sediment and Erosion Control Measures in Wetlands and 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 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.
Diffuse Flow (DWQ Reviewed Plans)
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 level spreader and rain garden designs received by
DWQ on October 16, 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) 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.
The Operation & Maintenance (O&M) agreement(s) for the proposed level spreaders and rain
garden signed by Leonard S. Woodall, Jr., on October 14, 2008 must transfer with the sale of the
land or transfer of responsibility for the stormwater facilities. DWQ must be notified promptly of
every transfer.
6. Stormwater Management Plan
One (1) copy of the City of Raleigh approved Stormwater Management Plan (stamped as
Approved by the City of Raleigh or along with an approval letter) for this project must be
submitted to this office before any impacts authorized by this certification may occur.
The structural stormwater practices as approved by the City of Raleigh, as well as drainage
patterns, must be maintained in perpetuity. No changes to the structural stormwater practices
Cedar Chest Subdivision
DWQ EXP# 08-1348
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October 21, 2008
shall be made without written authorization from the Division of Water Quality. Stormwater
easements shall be recorded for a distance of at least 10 feet on each side of all stormwater
conveyances, and on all lots containing these structures including future access for maintenance.
The stormwater easements shall allow for the ability to inspect and maintain the structures,
perform corrective actions as described above and shall provide protection of the structures from
potential alternations by future property owners. Please note that DWQ retains the authority to
supercede local stormwater approvals on a case-by-case basis when it deems necessary with the
approval of the Director of the Division of Water Quality.
7. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.org/doh/operations/BMP manual/downloadBMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall
be removed and re-installed correctly.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
8. If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH and possible aquatic life/fish kills.
9. 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 and GC 3705.
10. Deed Restrictions
Toxey Drive, LLC (permittee) shall execute and cause to be recorded in the Wake County
Register of Deeds restrictive covenants acceptable to the DWQ for the purpose of maintaining the
riparian buffers, as shown on the recorded plat in their natural state in perpetuity, prior to the sale
or conveyance of Lot 8 of Cedar Chest Subdivision in Raleigh, NC. The permittee shall enforce
the terms of the restrictive covenants and shall take no action on the subject site described in the
Cedar Chest Subdivision
DWQ EXP# 08-1348
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October 21, 2008
covenants inconsistent with the terms thereof. This requirement excludes riparian areas
authorized for impacts in accordance with this minor variance approval. The permittee shall
provide a copy of the recorded restrictive covenants to the DWQ within 15 days of recording.
11. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
12. 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 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d) of the
Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division
determines that such standards or laws are not being met, including failure to sustain a designated or
achieved use, or that State or Federal law is being violated, or that further conditions are necessary to
assure compliance, then the Division may reevaluate and modify this General Water Quality Certification
and Neuse River Riparian Buffer Protection Rules Minor Variance.
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. The Minor Variance Authorization shall expire five (5) years
from the date of this letter.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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 certification and its conditions are final and binding unless you ask for a
hearing.
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 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 213 .0233. If you have
any questions, please telephone Lia Myott Gilleski or Joseph Gyamfi at 919-733-1786.
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Cedar Chest Subdivision
DWQ EXP# 08-1348
Page 6 of 6
October 21, 2008
Enclosures: Certificate of Completion
GC 3705
NCEEP Letter
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files
Robin Eddy, Mitchell Environmental, PA, P.O. Box 341, Fuquay Varina, NC 27605
Mr. Matt Matthews, DWQ - Wetlands & Stormwater Branch
File: 081348CedarChestSD(Wake)EXP+401+NBR+minVar.doc
p?pF W ATF9oG Michael F. Easley, Governor
y William G. Ross Jr., Secretary
1- North Carolina Department of Environment and Natural Resources
D `C Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Toxey Drive, LLC, has permission to fill or otherwise impact 8,614
square feet of Zone 1 and 5,858 square feet of Zone 2 Neuse River basin protected riparian buffer to construct
the proposed Cedar Chest Subdivision, which is located on Toxey Drive, off of Saint Mary's Street in Raleigh,
Wake County, North Carolina (PIN: 1705431050). Mitigation of Zone 2 impacts (1,825 square feet) is
required as a condition to the minor variance requested to construct a house on Lot 8 of the Cedar Chest
Subdivision. All activities associated with these authorized impacts must be conducted with the conditions
listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #:
EEP PROJECT/LOCATION
COUNTY
BASIN/ SUB BASIN
2008-1348
2720 Toxey Drive/Raleigh
Wake
Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation
1,825 square feet Zone 2 buffers 2,738 square feet buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 081348CedarChestSD(Wake)EXP+401+NBR+MinVarEEP.doc
Noce Carolina
401 Oversight/Express Review Permitting Unit NRtimalldf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone[phone]/ Fax [phone]
Internet: http://www.ncwaterquality.org
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