HomeMy WebLinkAbout20100692 Ver 2_Approval Letter_20110711'ga
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 11, 2011
Town of Holly Springs
Mr. Carl Dean
P.O. Box 8
Holly Springs, North Carolina 27540
Subject Property: Town of Holly Springs - Friendship Site (08-013A)
White Oak Creek [030607, 18-7-6, C]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Dean:
DWQ Project # 10-0692, Ver. 2
Wake County
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.06 acres of 404/wetlands, 80 linear feet perennial stream, 108 linear feet intermittent stream
(68 linear feet permanent impact and 40 linear feet temporary impact), as described within your application
dated May 12, 2011, and received by the N.C. Division of Water Quality (DWQ) on May 13, 2011, associated
with the proposed commercial development project at the site. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3821 (GC3821). The
Certification(s) allows you to use Nationwide Permit(s) NW39 when issued by the US Army Corps of
Engineers (?,TSACE). 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, and other 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.
The Additional Conditions of the Certification are:
Conditions of Certification:
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:
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: 919-807-63011 FAX: 919-807-6494
Internet: hnp://portal.ncdenr.org/web/wq/ws
An Equal Opportunity \ Affirmative Action Employer
Town of Holly Springs
Page 2 of 4
July 11, 2011
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.06 (acres) PCN Application page 5 of 11
Stream - perennial 80 (linear feet) PCN Application page 5 of 11
Stream - intermittent 108 [(linear feet) 68 linear feet
permanent impact and 40 linear feet
temporary impact] PCN Application page 5 of 11
Sediment and Erosion Control:
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. 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 404/401 Permit Application. 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. 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 that have been approved to infringe within the buffer, wetland or
water prior to any land disturbing activities to ensure compliance with 15 NCAC 21-1, Section .0500;
6. Locate, Stake and Survey Proposed Perennial Stream Impacts
The centerline of your proposed stream impacts should be located, staked and surveyed in the field and
this survey submitted to the DWQ prior to the occurrence of the proposed impacts. If your actual
stream impacts meet or exceed 150 linear feet you will need to mitigate for the entire length of stream.
7. Stormwater Management Plan (SMP) Approval Required
Town of Holly Springs
Page 3 of 4
July 11, 2011
Before the impacts specified in this Certification may occur, the applicant must meet all of the
provisions set forth in the document Protocol for Stormwater Management Plan (SMP) Approval
and Implementation, available at:
http://portal.ncdenr.org/c/document library/get file?uuid=Oc509d61-6dd6-4da8-9342-
7079fe478688& roupId=38364 The required SMP documentation must be submitted within 60 days of
the issuance of the 401 Water Quality Certification to the DWQ (Wetlands, Buffers, Stormwater,
Compliance and Permitting Unit (WeBSCaPe), 1650 Mail Service Center, Raleigh, North Carolina
27699-1650).
SMP approval and implementation procedures shall be as follows:
• The SMP must be approved in writing by either the 401 Oversight/Express Unit or, if the project is
subject to another state stormwater program, a copy of the approval letter and approved SMP must
be submitted before any impacts authorized in this certification occur. If a development is phased,
then the SMP for each future phase must approved by the 401 Oversight/Express Unit or, if the
project is subject to another state stormwater program, a copy of the approval letter and approved
SMP must be submitted before any impacts associated with that phase may occur.
• The approved SMP must be constructed and operational before any permanent building or other
structure is occupied at the site. If a development is phased, then the approved SMP for each future
phase must be constructed and operational before any permanent building or other structure
associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the approval
letter and the modified SMP must be submitted to the 401 Oversight/Express Unit prior to the
commencement of the modifications.
Certificate of Comnletion:
8. 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/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
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.
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
Town of Holly Springs
Page 4 of 4
July 11, 2011
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
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. If
you have any questions, please telephone Ian McMillan or Karen Higgins in the Central Office in Raleigh at
919-807-6301 or Lauren Witherspoon in the DWQ Raleigh Regional Office at 919-791-4200.
SColeen H. Sullins
CHS/gym
Enclosures: GC3821
Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
DLR Raleigh Regional Office
File Copy
Phil May, Carolina Ecosystems. Inc., 3040 NC 42 West, Clayton, NC 27520
Filename: 100692Ver2TOHoIIySpringsFriendshipsite_08_0134A(Wake)401