HomeMy WebLinkAbout20110208 Ver 1_Approval Letter_2011041847?-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 18, 2011
Mr. Paul Kuhn
Town of Cary
316 Academy Street
Cary, NC 27513
DWQ Project # 11-0208
Wake County
Subject Property: Town of Cary - White Oak Creek Stream Restoration
White Oak Creek [030605,16-41-6-(0.7), WSfV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Kuhn:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.79 acres of 404/wetland, 3,721 linear feet of perennial stream, and 11,630
square feet of Zone 1 Neuse River basin protected riparian buffer, and 74,420 square feet of Zone 2 Neuse
River basin protected riparian buffer, for the purpose of stream restoration at the subject property, as
described in your application dated February 10, 2011 and received by the N.C. Division of Water
Quality (DWQ) on March 2, 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) 27 when issued by the US Army Corps of Engineers (USACE). 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 CAMA
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 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
certification and any additional conditions listed below.
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: 919-807-6301 1 FAX: 919-807-5494
Internet: http://po0al.ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
Town of Cary
Page 2 of 4
April 18, 2011
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:
Type of Impact Amount Approved nits Plan Location or Reference
Stream 3,721 (feet) PCN page 4 of 12
404/CAMA Wetlands 0.79 (acres) PCN page 4 of 12
Waters 11,630 (acres) PCN page 6 of 12
Buffers 74,420 (square ft.) PCN page 6 of 12
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.
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
Town of Cary
Page 3 of 4
April 18, 2011
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. 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 Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
(WeBSCaPe), North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Stream Restoration
You have our approval for your proposed final stream restoration plan. The stream restoration
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.
7. Tree Protection
The stream restoration and wetland creation must be conducted in such a manner so as to preserve
as many existing riparian zone trees as feasible. In addition to leaving as many trees standing as
possible, access routes to the stream and wetland creation areas must be routed to avoid heavy
equipment traffic over the roots of preserved trees to the extent practicable.
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 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 sixty (60) 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: (919)-431-3000, Facsimile: (919)-431-3100
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
Town of Cary
Page 4 of 4
April 18, 2011
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 2B .0233. If you have
any questions, please telephone Ian McMillan or Amy Chapman at 919-807-6301.
CHS/ijm
Enclosures: GC 3689
Certificate of Completion
Sincerely,
C. 0
Coleen H. Sullins
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Joshua White - Michael Baker Engineering, 8000 Regency Parkway, Ste. 200, Cary, NC 27518
Filename: 110208TOCaryWhite0akCreekStreamRestoration(Wake)401 NBR