20040026 Ver 1_Approval Letter_20040211

0F WATF Michael r. hasley, ciovernor
R William G. Ross Jr., Secretary
`O? pG North Carolina Department of Environment and Natural Resources
Fq -7 Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
February 11, 2004
DW Q# 04-0026
Wake County
Cedar Ridge Land Development, LLC
C/o Mr. Cameron Rice
8804 Albright Road
Raleigh, NC, 27612
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Neuse River Buffer Protection Rules
(15A NCAC 26 .0233) with ADDITIONAL CONDITIONS
Subject: Cedar Ridge Subdivision
Dear Mr. Rice:
. You have our approval, in accordance with the attached conditions, to place sewerline crossings in 77.5 linear feet of perennial
streams and to impact 19,110 square feet of protected Neuse Buffers (4,525 square feet in Zone 1, 14,585 square feet in Zone 2) in order
to construct the Cedar Ridge Subdivision in Wake County, as described in your. application received by the Division of Water Quality on
January 9, 2004 and in additional correspondence received January 28, 2004. After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification Number 3374, which can be viewed on our web site at
hftp://h2o.enr.state.nc.us/ncwetiands. This Certification allows you to use Nationwide Permit Number 12 when issued by the Corps of
Engineers. 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 get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when
the accompanying 404 permit expires unless otherwise specified in the General Certification. This Certification replaces the one issued to
you on February 2, 2004.
This approval is only valid for the purpose and design that you described in your application. If you change your:project, you,must
notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional condition listed
below:
1. Upon completion of all work approved within the 401 Water Quality Certification, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401 /Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650;
2. The maintenance corridor shall be limited to ten feet within the protected Neuse Buffers;
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in
accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of
the Sedimentation Pollution Control Act;

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (httn://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Mr. Cameron Rice
Page 2 of 2
February 11, 2004
4. 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 Preconstruction Notice Application. 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;
5. 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;
6. 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 Approval and Authorization Certificate. A sample
deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands.
7. An additional condition is that a final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be approved in writing by this Office before the impacts specified in this Certification occur. The
stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for
surface waters classified as Class C and designed to remove 85% TSS according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the
subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan
(as approved by this Office) shall be implemented. 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.
A State Stormwater Permit (15 A NCAC 2H .1000) can be considered to meet this condition.
If you do not accept any of the conditions of this certification, 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.
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 Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in our Central Office in
Raleigh at 919-733-9721.
Sincerely,
?lA
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Cameron Rice, 978 Trinity Road, Raleigh, NC, 27607
040026