HomeMy WebLinkAbout20110131 Ver 1_Approval Letter_20110215~~~
~~~~~
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 15, 2011
Mr. Todd Lawrence
Tournament Players Club of Raleigh, LLC
2201 Wakefield Plantation Drive
Raleigh, NC 27614
Subject Property: TPC Wakefield 18t'' Hole Stream Stabilization
UT to Richland Creek [27-21-(0.5), C;NSW]
Dee Freeman
Secretary
DWQ Project # 11-0131
Wake County
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear ]Vir. Lawrence:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 468 linear feet. of perennial and intermittent stream, 4,772 square feet of Zone
1 Neuse River basin protected buffers, and 11 square feet of Zone 2 Neuse River basin protected buffers
for the purpose of streambank stabilization at the subject property, as described in your application dated
February 4, 2011 and received by the N.C. Division of Water Quality (DWQ) on February 7, 2011. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number 3689 (GC 3689). The Certification allows you to use Nationwide Permit(s) 13
when issued by the US Army Corps of Engineers (USAGE). 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 CAIVIA 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 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
certification and any additional conditions listed below.
Mr. Lawrence
Page 2 of 4
February 15, 2011
The Additional Conditions of the Certification are:
I . 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:
Amount A roved (Units) Plan Location or Reference
Stream 468 (feet) PCN page 5 of 10
404/CAMA Wetlands 0 (acres) NA
Waters 0 (acres) NA
Buffers 4,783 (s uare ft.) PCN a e 6 of 10
2. 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:
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.
3. 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.
Wetlands, Buffers, Stormwater Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One
Phone: 919-807-630111 FAX: 919-807-6494 NorthCarolilla
Internet: http:/lh2o.enr.state.nc.us(ncwetlands a~~1~N~//~
An Equal OpportunitylAffirmativeAction ployer ~ ` ` "
Mr. Lawrence
Page 3 of 4
February 15, 2011
4. No Sediment & Erosion Control Measures w/n Wetlands or 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.
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 been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities.
6. Diffuse Flow
All new stormwater discharges shall be directed as diffuse flow at non-erosive velocities throught
eh protected stream buffers and will not re-concentrate before discharging into the stream as
identified within 15A NCAC 02B .0233(5). However, if diffuse flow as per 15A NCAC 02B
.0233(5) is not achieved, then DWQ shall be notified and corrective action to restore diffuse flow
shall be taken if necessary to impede the formation of erosion gullies. At no time shall
stormwater from the adjacent golf course areas (aside from those existing stormeater
conveyances) be piped directly through the buffer without prior written authorization.
7. Stream Stabilization
You- have our approval for your proposed final stream stabilization plan. The stream stabilization
must be constructed, maintained, and monitored according to the plans approved by this Office.
Any repairs or adjustments to the site must be made according to the approved plans or must
receive written approval from this Office to make the repairs or adjustments.
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 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.
Wetlands, Buffers, Stormwater Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One
Phone: 91907-630111 FAX: 919-807-6494 NorthCaTOlina
Internet: http:Ilh2o.enr.state.nc.uslncwetlantls a'~~~~N~//~
An Equal Opportunity 1 Affirmative Action Employer (/ {~ ` "
Mr. Lawrence
Page 4 of 4
February 15, 2011
If you wish to contest any statement in the attached 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 60 days of the date that you
receive this letter. 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 he hours of 8:00 am and 5:00 pm, except for official state holidays. The original
and one (1) copy of the petition must be filed with the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000 Facsimile: (919) 431-3100
A copy of the petition must also be served on NCDENR as follows:
Ms. Mary Penny Thompson, General Counsel
NC department of environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
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 02B .0233. If you have
any questions, please telephone Ian McMillan or Amy Chapman at (919) 807-6301.
Sinc rely,
oleen H. Sullins
CHS/ijm/ewk
Enclosures: GC 3689
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon - DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Troy Beasley -Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename: 110131 TPCWakefieldStreamStabilization(Wake)401&NBR
Wetlands, Buffers, Stormwater Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One
Phone: 919-807-630111 FAX: 91907-6494 NO1 thCarolina
Internet: http:llh2o.enr.state.nc.uslncwetlantls ~~~~r~//~
An Equal Oppo~tuni(y 1 Affirmative Action Employer ` "