20091162 Ver 1_Approval Letter_20100212

NEW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 12, 2010
DWQ Project # 09-1162'
Wake County:
Mr. Wayne Timberlake
6801 Knightdale Boulevard
Knightdale, NC 27545-8831
Subject Property: Wayne Timberlake Springdale Water Co. Well Site No. 8
Ut to Hare Snipe Creek [030402, 27-33-12-(1), B, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Timberlake:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 141 linear feet of perennial' stream, and 9,395 square feet of Zone 1 Neuse
River basin protected riparian buffers and 5,826 square. feet of Zone 2 Neuse River basin protected
riparian buffers, as described in your application October 29, 2009, and received by the Division of Water;
Quality (DWQ) on October 29, 2009, with additional information received from you on January 5,
2010,to construct the proposed residential development at the site. 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) NW29 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 eond4i yns 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 impact$ are
approved including incidental impacts:
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 No hCarolina.
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 f Phone: [phone] FAX: [phone] NaturallY
Internet: http://h2o.enr.state.nc.us/ncwetlands/
An Equal Opportunity 1 Affirmative Action Employer
Mr. Wayne Timberlake
Page 2 of 5
February 12, 2010
Type of Impact Amount Approved nits Plan Location or Reference
Stream - perennial 141 linear feet) PCN application page 5 of 13
Buffers Zone 1 9,395 (square ft.) PCN application page 6 of 13
Buffers Zone 2 5,826 (square ft.) PCN application page 6 of 13
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. ; 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;
6.; 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
pdf)
(http://www.ncdot.orgjdoh/operations/BMP manual/downloadBMP Manual.
Mr. Wayne Timberlake
Page 3 of 5
February 12, 2010
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.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
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.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed ".,Certificate of
Completion" form to notify NCDWQ when all.work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form. ,
7. Locate, Stake and Survey Proposed Perennial Stream Impacts
The centerline of your proposed perennial stream impacts must be located, staked and surveyed
in the field and this survey submitted to the DWQ prior to the occurrence of the proposed
impacts. If your actual perennial stream impacts meet or exceed 150 linear feet you will need to
mitigate for the entire length of stream.
8. 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)
Mr. Wayne Timberlake
Page 4 of 5
February 12, 2010
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 (or bioretention) designs dated
February 9, 2010. 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 spreader (diffuse flow
measures) signed by Mr. Wayne Timberlake on December 21, 2009, must transfer with the sale
of the land or transfer of responsibility for the stormwater facilities. DWQ must be notified
promptly of every transfer.
The structural stormwater practices as approved by this Office 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 on all lots
containing these structures including future access for maintenance. The stormwater easements
shall allow for the ability to maintain the structures, perform corrective actions as described
above and shall provide protection of the structures from potential alternations by future property
owners.
9.: 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) 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.
Mr. Wayne Timberlake'
Page 5 of 5
February 12, 2010`
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 Cyndi Karoly or Ian McMillan at 919-733-1786.
Sinc ly,
Coleen H. Sullins
CHS/gym
Enclosures: GC3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Steven Stokes, KCI Associates of North Carolina, P.A., Landmark Center 11, 4601 Six Forks Road,
Suite 220, Raleigh, NC 27609
Filename: 091162 WayneTimberlakeSpringdaleWaterCoWellSiteNo8(Wake)401_NBR