20071503 Ver 3_Approval Letter_20091103

iiAAS
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 3, 2009
Mr. David George
KRG/PRISA II Parkside, LLC
30 South Meridian Street, Suite 1100
Indianapolis, IN 46204
DWQ EXP No. 07-15030
Wake County
Subject Property: NC 55 Roadway Improvements (Parkside) Modification
UT Kit Creek [030605, 16-41-1-17-2-(0.7), WS-IV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions - Express Review Program
Dear Mr. George:
This approval/certification replaces one you received on April 30, 2009. You have our approval, in
accordance with the attached conditions and those listed below, to place fill within or otherwise impact 22
linear feet of perennial stream for the purpose of constructing the proposed roadway improvements at the
site, as described within your application dated November 2, 2009 and received by the N.C. Division of
Water Quality (DWQ) on November 3, 2009. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705). The
Certification(s) allows you to use Nationwide Permit(s) 39 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 (and Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Impact Type Amount Approved
nits Plan Location or Reference
Stream (perennial) permanent. 22 linear feet) November 2, 2009 PCN page 5 of 12
401 Oversight/Express 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:11h2o.enr.state.nc.us/ncwetiands/
Nt thCarolina
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,aturallry
An Equal Opportunity 1 Affirmative Action Employer
KRG/PRISA II Parkside, LLC
DWQ EXP# 07-15030
Page 2 of 4
November 3, 2009
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:
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 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.
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 (hqp://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.
6. Stream Protection Conditions
If concrete is used during the construction, a dry work area should be maintained to 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 and fish kills.
KRG/PRISA II Parkside, LLC
DWQ EXP# 07-15030
Page 3 of 4
November 3, 2009
During the construction of the project, no staging of equipment of any kind is permitted in waters
of the U.S., or protected riparian buffers.
7. Construction Conditions
A copy of this Water Quality Certification shall be posted on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be
maintained with the Division Engineer and the on-site project manager.
The outside buffer, wetland or water boundary located within the construction corridor approved
by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification.
8. Stormwater Management Plan
One (1) copy of the Town of Cary approved Stormwater Management Plan (stamped as
Approved by the Town of Cary 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 Town of Cary, as well as drainage
patterns, must be maintained in perpetuity. No changes to the structural stormwater practices
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.
9. 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.
10. 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.
11. State Water Quality Standards
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.
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
KRG/PRISA II Parkside, LLC
DWQ EXP# 07-15030
Page 4 of 4
November 3, 2009
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) 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. If you have any questions, please telephone Lia Myott Gilleski or Joseph Gyamfi 919-733-1786.
Si ely,
oH. Sullins
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Enclosures: Certificate of Completion
GC 3705
cc:. USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File copy
Ms. Amber Coleman, Stantec Consulting Services, Inc., 801 Jones Franklin Rd., Ste 300,
Raleigh, NC 27606
File: 07-1503 v3ParksideNC55RoadwayImprovements(Wake)EXP+401(NW39)MOD.doc