20090312 Ver 3_Approval Letter_20100727

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 27, 2010
Wake County
DWQ EXP#: 09-03120
Wake County
Attn: Mr. Mark Forestieri
336 Fayetteville Street
Raleigh, NC 27602
Subject Property: Wake County Continuum of Care, Raleigh, NC
Crabtree Creek [030402, 27-33-(10), C, NSW]
Approval of 401 Water Quality Certification and Authorization Certification per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Forestieri,
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 50 linear feet of perennial stream (20 linear feet of permanent impact and 30
linear feet of temporary impact) and 600 ft2 of Zone 1 and 400 ft2 of Zone 2 of the protected riparian
buffer for the purpose of constructing the BMP outlet structure for your commercial development, as
described within your Pre-construction Notification Application dated July 15, 2010 and received by
DWQ on July 23, 2010. The impacts are covered by: General Water Quality Certification Number 3821
(GC3821) and authorization in accordance with 15A NCAC 02B .0233. General Certification 3821
allows you to use Nationwide Permit NW18 if/when issued by the US Army Corps of Engineers
(USACE). This Buffer Authorization and Certification replaces the Authorization issued to you on
May 12, 2009. 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
-p1: at:or o f fl 4Q
This approval is for the purpose and design that you described in your PCN application (July 15, 2010).
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 authorization 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 (GC3821) and any
additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarolina
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 ?aturallt?
Phone: [phone] FAX: [phone]
Internet: http:llh2o.enr.state.nc.uslncwetlands/
An Equal Opportunity 1 Affirmative Action Employer
Wake County
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July 27, 2010
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 (Units) Plan Location or Reference
Stream (perennial) 20 linear feet - permanent Jul 15, 2010 PCN p age 4 of 10
Stream (perennial) 30 linear feet - temporary Jul 15, 2010 PCN p age 4 of 10
Riparian buffer (Zone 1) 600 s uare feet) May 12, 2009 PCN page 5 of 10
Riparian buffer Zone 2) 1 400 (square feet) I May 12, 2009 PCN page 5 of 10
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 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.
3. 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.
4. 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
mid Fravion rontrol Planninp, and r)Pvi(m Afannnl.
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
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.
5., Construction Stormwater Permit NCGO10000
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 //portal ncdenr or /wg eb/wq/ws/su/npdessw#General Permits NPDES.
Wake County
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July 27, 2010
6. 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 provisions of the Buffer Rule (15A NCAC 02B
.0233(5)), you have provided the DWQ with a stormwater wetland (with direct discharge to the
stream) on plan sheets dated May 8, 2009 with revisions received on May 12, 2009 and July 23,
2010. The DWQ believes that, if implemented as per the final plans, the diffuse flow requirement
will be achieved. At no time shall stormwater from other areas of the proposed development be
piped directly through the buffer without prior DWQ written authorization.
The Operation & Maintenance (O&M) agreement(s) for the proposed stormwater wetland signed
by Mr. David Goodwin on May 12, 2009 must transfer with the sale of the land or transfer of
responsibility for the BMP facilities. DWQ must be notified promptly of every transfer.
7. 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.
8. 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 213.0233 and GC 3821.
9. 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
impacts. 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
uup:// portaimcdeni.uig/web/wq/swp/W6/401icertsauclpc?,I,itsiapply/furn?a. .ue Lexl ul dlv aauipic
deed notification may be modified as appropriate to suit to this project.
10. 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.
11. Certificate of Completion
Within thirty (30) days of the 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
Wake County
Page 4 of 5
July 27, 2010
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
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 wish to contest any statement in the attached 401 Water Quality Certification you must file a
petition for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the office of Administrative Hearings within
thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state
holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative
Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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 Lia Myott Gilleski or Joseph Gyamfi at 919-733-1786.
7ely,
44k
oleen H. Sullins
N C
CHSIUm/1mg
Enclosures: Certificate of Completion
GC 3821
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
DLQ Raleigh Regional Office
Wake County
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July 27, 2010
Ken Loring, CLH Design, PA, 400 Regency Forest Dr, Ste 120, Cary, NC 27518
File: 090312v3 WakeCoContinuumofCare(Wake)401+NBRAuth(NW 18).doc