20110760 Ver 1_Approval Letter_20110822

A •
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
August 22, 2011
DWQ Project # 11-0760
Wake County
Alexander and Kimberly Herring
6028 Bedfordshire Drive
Raleigh, NC 27606
Subject Property: Fording of Dutchmans Branch
Dutchman's Branch [030402, 27-43-4.5, WS-III, NSW]
Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional
Conditions
Dear Mr. and Mrs. Herring:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 400 square feet of Zone 1 Neuse River basin protected riparian buffers, as described in your
application dated August 18, 2011, and received by the Division of Water Quality (DWQ) on August 15, 2011 to
construct a ford over Dutchman's Creek. This letter shall act as your approved Authorization Certificate for
impacts to the protected riparian buffers per 15A NCAC 2B .0233. 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.
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:
T e of impact Amount Approved Units Plan Location or Reference
Buffers Zone 1 400 (square ft.) permanent impact PCN page 5 of 10
2. No Waste, Spoil, Solids, or Fill of Any Kind
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone]
Internet: www,ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
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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. 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.
4. Sediment and Erosion Control Measures
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. Diffuse Flow
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
.0259(5)
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization. The outside boundaries of the buffers (including the pond)
shall be clearly marked with orange warning fencing (or similar high visibility material). This is to ensure
that areas that are not approved for impacts are avoided during construction and restoration efforts.
7. 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.
. Page 3
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: [phone], 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 the Neuse River basin riparian buffer
protection rule as described within 15A NCAC 213 .0233. If you have any questions, please telephone Lauren
Witherspoon, at 919-791-4251.
incer ly,
Danny Smith
Surface Wat r Protection Section Supervisor
Raleigh Regional Office
Enclosures: Certificate of Completion
cc: Jamie Shern - USACE Raleigh Regulatory Field Office
DWQ Central Office - WeBSCaPe - 1650 Mail Service Center
RRO File Copy
Filename: 1 1-0760-Fording of Dutchmans Bran ch_NBR_Approval