20110411 Ver 1_Approval Letter_20110505

A F-IMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 5, 2011
City of Raleigh
Attn: Mr. John Carman
One Exchange Plaza
Suite 620
Raleigh, NC 27602
Subject Property: Lake Johnson Dam Rehabilitation, Raleigh, NC
Walnut Creek [030402, 27-34-(1.5), B, NSW]
DWQ Project # 2011-0411
County: Wake
AFTER-THE-FACT AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233)
Authorization Certificate
Dear Mr. Carman:
You have our after-the-fact authorization, in accordance with 15A NCAC 02B .0233 and any conditions
listed below, to impact approximately 1,907 ft2 of Zone 1 and 1,074 ft2 of Zone 2 of the protected riparian
buffers for the purpose of dam maintenance at the subject property as described within your application
dated April 27, 2011, received by the Division of Water Quality (DWQ) on April 28, 2011. 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, Non-discharge
regulations.
This authorization certification 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 authorization letter and is thereby
responsible for complying with all conditions. This authorization requires you to follow the 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:
Amount Approved (Units) Plan Location or Reference
Zone 1 Buffers 1,907 (square ft.) P 7 of PCN
Zone 2 Buffers 1,074 (square ft.) P 7 of PCN
Wetlands, Buffers, Stormwater, Compliance and Permi!.ting Unit (WeBSCaPe) One
1650 Mail Service Center, Raleigh, North Carolina 27609-1650 NOrt11CarOhriS
Phone. [phone] FAX [phone]
Internei http://poQal.ncdenr.org!web/wq/ws a,jr??` y??l//?
An Enr?al Oppori initylAffirmative Action Fi ;Moyer {val
City of Raleigh
Page 2 of 3
May 5, 2011
2. 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.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
the stream as identified within 15A NCAC 2B . 0233.
4. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit web site at:
http://portal.ncdenr.org/web/wq/swp/ws/40 I/certsandpermits/apply/forms.
The text of the sample deed notification may be modified as appropriate to suit to this project.
Any disputes over determinations regarding this Authorization (associated with the approved buffer
impacts) shall be referred in writing to the Director within thirty (30) days of receipt of this notice for a
decision.
You can contest the Director's decision as provided in Articles 3 and 4 of G.S. 150B. To contest the
Director's decision 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: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
City of Raleigh
Page 3 of 3
May 5, 2011
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0233. If you have any questions or would like a copy of the buffer rules, please call Amy Chapman or
Karen Higgins at [phone]. This letter does not authorize any impacts to either Waters of the
United States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC
Division of Water Quality (DWQ) if any impacts are proposed to either of these waters.
Sincerely, 4' -
Coleen H. Sul r s
CHS/kh/asc
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Hazen and Sawyer, Attn: Aaron Babson, 4011 Westchase Blvd, Ste 500, Raleigh, NC 27607
File Copy
Filename: 110411 LakeJohnsonDamRehabProject(Wake)NBR