20100012 Ver 1_Approval Letter_20111025

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 25, 2011
DWQ Project # 10-0012 v.2
Wake County
Water Garden Village, LLC
Attn: Natalie Britt, VP
113 South Wilmington St
Raleigh, NC 27601
Subject Property: Water Garden Village
Turkey Creek [030402, 27-33-2, C; NSW]
Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional
Conditions
Dear Madam:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 655 square feet of Zone 1 Neuse River basin protected riparian buffer (permanent impacts) and
411 square feet of Zone 2 Neuse River basin protected riparian buffer (permanent impacts), as described in your
application dated September 20, 2011, received by the Division of Water Quality (DWQ) on September 20, 2011,
and additional information dated October 20, 2011, for a level spreader bypass channel for a multi-family
residential development. 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:
Type of Impact Amount Approved Units Plan Location or Reference
Buffer Zones 1 655 (square feet) permanent impacts PCN page 6 of 10
Buffer Zones 2 411 (square feet) permanent impacts PCN page 6 of 10
North Carolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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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. 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 Plan
The diffuse flow plan approved by this office consists of one level spreader and engineered vegetated
filter strip and all associated stormwater conveyances, the grading and drainage patterns depicted on plan
sheets dated September 13, 2011. No changes to the level spreader-engineered filter strip shall be made
without written authorization from either the City of Raleigh or the Division of Water Quality. The
diffuse flow devices shall have maintenance access and at least a 10-foot drainage easement on each side
to allow for the ability to maintain the structures, and to perform corrective actions. The stormwater
easements shall be recorded to provide protection of the structures from potential alterations by future
property owners.
The approved diffuse flow must be maintained in perpetuity in accordance with LS-VFS operation and
maintenance (O & M) agreements signed by Ms. Natalie Britt (Vice President, Rental Development) on
October 20, 2011. The O & M agreements must transfer with the sale of the property or transfer of
ownership/responsibility for the BMP facilities. DWQ must be notified promptly of every transfer.
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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 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
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.
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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.
Sincerely,
?rmy Smith
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures: Certificate of Completion
cc: DWQ Central Office - WeBSCaPe -1650 Mail Service Center
RRO File Copy
Troy Beasley - Withers & Ravenel, 1410 Commonwealth Drive, Unit 101, Wilmington, NC 28403
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Filename: 10-0012 v.2-Water Garden Village_NBR-Approval