20091129 Ver 1_Approval Letter_20091028

Beverly Eaves Perdue
Governor
A LVIRMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
October 28, 2009
Mr. Bruce Radford
Town of Apex
P.O. Box 250
Apex, NC 27502
Subject Property:
Town of Apex Sewer
Beaver Creek [030605, 16-41-10-(0.3), C, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Radford:
Dee Freeman
Secretary
DWQ Project # 09-1129
Wake County
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.24 acres of 404/wetland (temporary impact) and 20 linear feet of perennial stream
(temporary impact), as described in your application dated October 6, 2009, and received by the Division of
Water Quality (DWQ) on October 21, 2009, to construct a water system extension to provide. drinking water to ,
existing residents in rural Edgecombe County's Water and Sewer District No. 4. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification Number(s)
3699 (GC3699). The Certification(s) allows you to use Nationwide Permit(s) NW 12 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 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:
401 OversightlExpress Review Permitting Unit
1650 Mail Service Center. Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone:[phone] FAX: [phone]
Internet: http://h2o.enr.state,nC.Lis/ncwetiands/
One
NorthCarolina
Naturally
An Equal Opportunity Affirmative Action Employer
Town of Apex
Page 2 of 4
October 28, 2009
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 0.24 (acres) - temporary PCN page 5 of 12
Stream - perennial 20 (linear feet) - temporary PCN age 5 of 12
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 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. 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 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;
5. 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 lots or properties are recorded. 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.
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;
Town of Apex
Page 3 of 4
October 28, 2009
7. 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.
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.
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) skull be referred in writing to the Director fora 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. If ;
you have aiy'questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786:
Since ,
oleen H. Sullins
CHS/ijm
Enclosures: GC 3699 '
Certificate of Completion
cc; Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
USACE`Raleigh Regulatory Field Office
File Copy
Nicole Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 091129TOApexSewer(Wake)401