20060161 Ver 1_Approval Letter_20060501

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 1, 2006
Elwood C. Massey, Sr.
5709 Fayetteville Road
Durham, NC 27713
Subject Property:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-0612
Durham County
Fayetteville Road Senior Apartments
Ut to Crooked Creek [030605, 16-41-1-16-(1), WS1V, NSW]
Approval of 401 Water Quality Certification with Additional Conditions and
APPROVAL of Isolated Wetlands Permit
Dear Mr. Massey:
You have our approval, in accordance with the attached conditions, to place permanent fill in 30 linear
feet of stream and Q.173 acres of isolated wetland in order to facilitate the use of uplands £or a senior
project at the subject property, as described within your application dated April 11, 2006, and received by
the Division of Water Quality on April 11, 2006. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3374 (GC3374). The
Certification(s) allows you to use Nationwide Permit(s) NW 12 when issued by the US Army Corps of
Engineers (USAGE). Also, we have determined that this fill is covered by the State General Permit for
Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). 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 401
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 CAIVIA Permit. The Isolated Wetlands
Permit will expire upon the expiration date of IWGP100000 (September 30, 2008) or unless
otherwise rescinded by the Director of the Division of Water Quality.
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 Permit 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 1501inear 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 Permit
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 (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Crversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NQ°;thCai•oli~-a
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 ~j fj~ra"~
Phone [phone] /Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Elwood C. Massey, Sr.
Page 2 of 3
May 1, 2006
Amount A roved Units) Plan Location or Reference
Stream 30 (linear feet PCN a e 4 of 8
Isolated Wetlands 0.173 acres PCN a e 5 of 8
2:. 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.
3. Sediment and Erosion Control Measures
Sediment and erosion control measures shall riot 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;
4. 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 2B .0233 and GC 3404;
5. 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 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. The text of the sample deed notification may be modified
as appropriate to suit to this project;
6. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local
sewer system regulations.

Elwood C. Massey, Sr.
Page 3 of 3
May 1, 2006
7. 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 isstYed
to the project. This General Permit allows stormwater to be dischazged 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://h2o.enr.state.nc.us/su/Forms Documents.htm.;
8. 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 Cazolina
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 Permit 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 Permit, shall expire upon
expiration of IWGP100000 (September 30, 2008) or unless otherwise rescinded by the Director of
the Division of Water Quality.
If you do not accept any of the conditions of this Permit (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 Heazings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This Permit and its conditions are fmal and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under the Clean Water Act and Isolated
Wetlands Rules as described within 15 NCAC 2H, Section 0.1300. If you have any questions, please
telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Eric Kulz, in the DWQ
Raleigh Regional Office at 919-791-4200.
Sincerely,
1 <~ .
Al W. Klimek, P.E.
AWK/ijm
Enclosures : I W GP 100000
Certificate of Completion
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
DLR Raleigh Regional Office

Elwood C. Massey, Sr.
Page 4 of 3
May 1, 2006
File Copy
Central Files
Kevin Martin, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 060612FayettevilleRdSeniorApts(Durham~01 _IW