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Home My WebLink About20051967 Ver 4_Approval Letter_20111122 �� "� b �� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary November 22 2011 DWQ Pro�ect# OS 1967 v 4 Orange County Jim C�ao Stratford 3737 Glenwood Ave Rale�gh NC 27612 Sub�ect Property Churton Street W►dening UT to Cates Creek [030401 27 2 8 C NSW] Approval of 401 Water Qual►ty Cert�fcahon and Autl�or►zahon Cerhficate w�th Add►t►onal Condihons Dear Mr C�ao You have our approval �n accordance wtth the attached conditions and those listed below to fill or otherw�se impact 43 lmear feet of intermittent stream channel (permanent impacts)for the mstallation of a road as described in your applicat►on dated October 10 20l l and received by the Division of Water Qualrty(DWQ)on October 10 2011 After reviewing your appl�cation and additional mformat�on we have dec�ded that the �mpacts are covered by General Water Qual�ty Certification Number(s)3820(GC3820) The Certificat�on(s)allows you to use Nat�onw�de Permit(s)NW 14 when �ssued by the US Army Corps of Engineers(USACE) In add�tion you should obtam or otherwise comply with any other requ�red federal state or local permits before you go ahead with your pro�ect mcludmg(but not limited to)Eros�on and Sed�ment Control and Non discharge regulat�ons Also,this approval to proceed w�th your proposed impacts or to conduct�mpacts to waters as depicted �n your appl�cahon shall expire upon exp�rahon of the 404 Permit This approval is for the purpose and design that you descnbed in your appl�cahon If you change your pro�ect,you must not�fy us and you may be requ�red to send us a new application If the property �s sold the new owner must be given a copy of this Cert�fication and approval letter and �s thereby respons�ble for complying w�th all condit�ons If total fills for this pro�ect(now or m the future)exceed one acre of wetland or 150 linear feet of stream compensatory mrtigat�on may be requ�red as descr�bed �n 15A NCAC 2H 0506(h) Th�s approval requires you to follow the condit�ons I�sted �n the attached certificat�on and any add�t�onal cond�t�ons l�sted below The Add�t�onal Condit�ons of the Cert�fication are 1 Impacts Approved The followmg�mpacts are hereby approved as long as all of the other specific and general condittons of this Certificat�on(or Isolated Wetland Permrt)are met No other tmpacts are approved mcludmg inc�dental �m acts T e of Im act Amount A roved Un�ts �Plan Locat�on or Reference Stream �ntermittent 43 (hnear feet) ermanent im acts PCN Pa e 5 of 12 No�ehCarolina Jl�atura!!y North Carolina Divis�on of Water Quality Raleigh Regional Office Surface Water Protection Phone(919)791 4200 Customer Service Internet www ncwaterquality org 1628 Mail Service Center Raleigh NC 27699 1628 FAX (919)788 7159 877 623 6748 An Equal Opporturnty/Affirmatwe Action Employer—50/ Recycled/10/ Post Consumer Paper Page 2 2 No Waste Spoil Soltds or F�II of Any Kind No �vaste spo�l solids or fill of any k�nd shall occur in wetlands waters or rtparian areas beyond the footprint of the impacts dep�cted in the Pre Construct�on Not�ficat�on All construction activities includmg the design mstallat�on operation and ma�ntenance of sediment and eros�on control Best Management Practices shall be performed so that no v�olations of state water qual�ty standards statutes or rules occur 3 Eros�on and sediment control pract�ces must be m full compliance with all spec�fications governmg the proper des�gn mstallatton and operat�on and maintenance of such Best Management Practtces �n order to protect surface waters standards a The eros�on and sed�ment control measures for the proJect must be designed installed operated and ma�ntamed in accordance with the most recent version of the North Caroltna Sed�ment and Erosion Control Plannmg and Des�gn Manual b The design �nstallat�on operatton and mamtenance of the sediment and eros�on control measures must be such that they equal or exceed the requirements spec�fied in the most recent version of the North Carolma Sed�ment and Erosion Control Manual The devices shall be mamtained on all construction sites borrow sites and waste pile(spoil)pro�ects mcluding contractor owned or leased borrow pits assoc►ated w�th the pro�ect c Sufficient mater�als required for stab�l�zat�on and/or repa�r of eros�on control measures and stormwater routmg and treatment shall be on site at all times 4 Sed�ment and Eros�on Control Measures Sed�ment and erosion control measures shall not be ptaced m wetlands or waters without prior approval from the Div�sion If placement of sed�ment and erosion control devices m wetlands and waters �s unavo�dable des�gn and placement of temporary erosion control measures shall not be conducted �n a manner that may result �n d�s equ�ltbrium of wetlands or stream beds or banks ad�acent to or upstream and down stream of the above structures All sed�ment and eros�on control devices shal( be removed and the natural grade restored within two(2) months of the date that the Div�ston of Land Resources or locally delegated program has released the pro�ect 5 D�ffuse Flow All stormwater shall be d�rected as diffuse flow at non eros�ve velocit�es through the protected stream buffers and will not re concentrate before d�scharging into the stream as ident�fied wtth�n i 5A NCAC 2B 0233(5) 6 Protective Fenc�ng The outside buffer wetland or water boundary and along the construction corridor withtn these boundar�es approved under th�s author�zation shall be clearly marked w�th orange warning fenc�ng (or sim�lar high v�sibility material) for the areas that have been approved to infrmge w�th�n the buffer wetland or water pr�or to any land d�sturbing activit�es to ensure compliance with I S NCAC 2H Sect�on 0500 Page 3 7 Notificat�on of Pro�ect Commencement Please notify Lauren W�therspoon at(919) 791 4251 or lauren w�therspoon(cr�ncdenr�ov of the proposed start date of the pro�ect 8 Cert�ficate of Completion Upon completion of all work approved with�n the 401 Water Quality Cert�ficatton or applicable Buffer Rules and any subsequent modifications the applicant is requtred to return the attached certificate of complet�on to the Wetlands Buffers Stormwater Compitance and Permitting Unit(WeBSCaPe) North Carolina D�v�s�on of Water Quality 1650 Ma�l Serv�ce Center Rale�gh NC 27699 1650 Vtolations of any cond�tion herem set forth may result tn revocatton of th�s Cert�ficat�on and may result in cr�mmal and/or civil penalties The author�zation to proceed with your proposed impacts or to conduct tmpacts to waters as dep�cted �n your appl�cation and as authorized by this Cernficahon shall exp�re upon expirat�on of the 404 or CAMA Permit If you w�sh to contest any statement m the attached Certificatton you must file a petitton for an admtnistrative hearing You may obta�n the petit�on form from the Office of Adm�n�strative Hear�ngs You must file the petrtion with the Office of Admm�strative Hearmgs w�th�n s�xty(60)days of rece�pt of this notice A petit�on ts cons�dered filed when it ts received m the Office of Adm�nistrattve Hearmgs during normal office hours The Office of Admin�strat�ve Hearings accepts filtngs Monday through Fr�day between the hours of 8 OOam and 5 OOpm except for official state hol�days The or�gtnal and one(1)copy of the petition must be filed wtth the Office of Admmistrat�ve Heartngs The petition may be faxed provided the origtnal and one copy of the document is rece�ved by the Office of Admmistrat�ve Hearmgs withm five(5)busmess days followtng the faxed transm�sston The ma�(tng address for the Office of Admmistratrve Hearmgs is Office of Admm�strative Hearmgs 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 431 3000 Facstmile (919) 431 3100 A copy of the petit�on must also be served on DENR as follows Ms Mary Penny Thompson General Counsel Department of Environment and Natural Resources 1601 Mail Serv�ce Center Rale�gh NC 27699 1601 Unless such a petrtion �s filed this Certificat�on shall be final and bindmg Page 4 r This letter completes the review of the Divis�on of Water Quality under Sect�on 401 of the Clean Water Act If you have any questions please telephone Lauren Wrtherspoon at 919 791 4251 �Smcerely fj9 v7/) /1�7 Danny Smtt Surface W ter Protect�on Section Supervtsor Raleigh Regional Office Enclosures GC 3820 Cert�ficate of Completion cc Andy Will�ams—USACE Rale�gh Regulatory Field Office DWQ Central Office—WeBSCaPe— 1650 Mail Serv�ce Center RRO File Copy N�kki Thompson—S&EC 11010 Raven R�dge Road Rale�gh NC 27614 F�lename OS 1967 v 4_Churton Street Widenmg_401_Approval