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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 ` "