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Home My WebLink About20031338 Ver 4_401 WQC Approval_Rutledge August 2004_20200521R & D Development, LLC Attn: Mr. Don Perry 4938-B Windy Hill Drive Raleigh, NC 27609 Michael R Easley, Governor William G. Ross Jr.. Secretary North Camlina Dgxrtm-wt tf Eovircnm�nt sad Natural Resources Alan W. Klimek. P.G. Director Division of water Quality DWQ Project No. 03-1338 Wake County AUG 2 :: 4.. Page 1 of 4 Subject Property: Rutledge Landing Residential Subdivision, Poole Road (SR1007), Knightdale, NC Poplar Creek [03-04-02, 27-35, C NSW (nutrient sensitive water)] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 28 .0233).with Additional Conditions Dear Mr. Perry: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.105 acres of wetlands, 313 feet of streams and 25,757 square feet (ft2) of protected riparian buffers for the purpose of constructing a residential subdivision at the subject property, as described within your application dated June 23, 2004 and received by the N C. Division of Water Quality (DWQ) on June 23, 2004. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 and 3374 (GC3402 and GC3374). The Certification(s) allows you to use Nationwide Permit(s) 39 and 12 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. 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 Per mIL 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: 401 WellarxisCerh'ficaGanUnit 1650 Mal Service Centar, Haletgh, Nrpth Carolna 27698-1650 2321Ord*eeBoulevard, Sto25o,Raleilh,NOMCarolina 27604 Phmre' 819.735-1786/FAX91S-:3;-MIIrrtemethtlo:lib&.gnr&te.nc.us/rcweflands N hcamli . ,1 tatun 1 R & D Development, LLC / Rutledge Landing Subdivision /DWQ Project No. 03-1338 Page 2 of 4 August 17.2004 Impacts Approved - The following impacts ate hereby approved as long as all of the other specific and general conditions of this Certification are met. No otherimpacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 228 (feet) GC3402"_ intermittent streams Stream 65 (feet) GC340.2 — rennial streams Stream 20 (feet) GC3374— vial streams 404 Wetlands 0.065 (acres) GC3402 404 Wetlands 0.034 (acres) GC3374 Buffers 14,889 (square ft. endicular road crossings Buffers 1,994 Ls uare ft.) perpendicular utility crossin Buffers 8,874 (square ft.) parallel road crossings Buffer Mitigation (EEP) - You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 21,714 square feet ab required under this Authorization Certificate and 15A NCAC 2B .0242(buffer mitigation rule). We understand that j ou wish to make a payment into the Riparian Buffer Restoration Fund administered by the MC Ecosystem Enhancement Program (EEP) to meet thi; mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 213 .0242(7)(buffer mitigation rule), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 213 .0233(10)(buffer protection rule). Until the EEP receives and clears your check (made payable to: DENR — Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur The EEP should be contacted at f919) 733-5208 if you have any questions concerning payment into the Riparian Buffer Restoration Fund. You have one month from the date of this approval to snake this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for 21,714 ftZ of required riparian buffer mitigation for impacts to 8,974 ft2 of protected riparian buffers; 03-04.02 river and subbasin, 27-35 stream index number." Diffuse Flow (Review) - All constructed stonnwater conveyance outlets shall be directed and maintained to flow in a diffuse manner at non -erosive velocities through the entire protected stream buffers without re-contentrafidng. if dais it not r ssible it may be necessary to provide stormwater facilities that are considered to remove nitrogen. Additionally, a stormwater management plan for this project shall be provided to this Mice before any of the impacts approved herein are conducted. The plan shall specify all stormwater discharge points, plan details, and calculations to indicate that diffuse flow through the protected buffers or nitrogen removal as described above will be achieved. 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 prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification R & D Development, LLC / Rutledge Landing Subdivision ! DWQ Project No. 03-1338 Page 3 of 4 August 17, 2004 Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http:/lh2a.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. - 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: 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. 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 ]eased borrow pits associated with the project. No Waste, Spoil, Solids, or FUI 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. 7. No Sediment & Erosion Control Measures win 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. S. 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 40l/Wetland . 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 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 R & D Development, LLC ! Rutledge Landing Subdivision / DWQ Project No. 03-1338 Page 4 of 4 August 17.2004 .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 2B .0233. If you have any questions, please telephone John Donley at 919-733-9646 or Bob Zarzecki at 919-733-9726. Sincerely, P�Alan W. Klimek, P.E. AWKIbz Enclosures: GC 3402 Certificate of Completion cc: Sean Clark, 11010 Raven Ridge Road, Raleigh, NC 27614 USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Filename: 031338 OF WArF9 Michael F. Easley, Governor [S p William G. Russ Jr., Secretary yNorth Carolina Department of Environment and Natural Resources j r Alan W. Klimek, P. E. Director O T Division of Water Quality Colson H. Sullins, Deputy Director CMsion of Water Quality NORTH CAROLINA DIVISION OF WATER QUALITY AUTHORIZATION CERTIFICATE SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2B .0242, R & D Development, LLC has permission as outlined below and within the General Water Quality Certification (WQC) Number 3402 w/ additional conditions to impact protected riparian buffers for the purpose(s) of constructing the proposed Rutledge Landing Subdivision. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached certification transmittal letter. THIS AUTHORIZATION CERTIFICATE IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT PROGRAM (EEP) D WQ Project No.: 03-1338 Date: August 17, 2004 LOCATION: Knightdale COUNTY: Wake BASIN/SUBBASIN: 03-04-02 (river/subbasin), 27-35(stream Index no.) As required by 15A NCAC 213.0233 and the cond'itfons of WQC No. 3402 w/ additional conditions, you are required to compensate for the above impacts through the restoration or enhancement of buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. ''.. 21,714 square feet of stream buffers One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242. If you choose this option, please sign this form and mail it to the EEP at the address listed 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 HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP. Signature ECOSYSTEM ENHANCEMENT PROGRAM (EEP) NO DIVISION OF WATER QUALITY 1819 Mail Service Center Raleigh, NC 27899-1619 (919) 733-5208 Date Na` Carolina North Carolina Division of Water Quality, 401 Wetlands Certification Unfi, QfJl17l��Jf i6so Mail Service Center, Raleigh, NC 27699-1M (Mailing Address) 2321 Craotree Blvd., Raleigh, NC 27604-2280 (Lunation) 919.738•1788 (phone), 919.733.6693 (tax), mtpJ/h2o.enr.state.nc.ushrcwetfands!