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Home My WebLink About20110988 Ver 1_Approval Letter_20111215�� e NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Carl R Dawson Jr Crty of Rateigh Public Works Department P O Box 590 Raleigh NC 27602 Division of Water Quality Coleen H Sullins Director December 15 2011 Sub�ect Property 1314 Ivy Lane Stream Bank Stabil�zation Big Branch [030402 27 33 17 C NSW] Dee Freeman Secretary DWQ Pro�ect # 11 0988 Wake County Approval of 401 Water Qual�ty Cerhfication and Authorization Certificate per the Neuse Rrver Buffer Protection Rules (15A NCAC 2B 0233) with Addit�onal Condrtions Dear Mr Dawson You have our approval in accordance w�th the attached condrt�ons and those l�sted below to fill or otherwise �mpact 801mear feet of perennial stream channel (permanent impacts) 10 Imear feet of perennial stream channel (temporary tmpacts) and 2 900 square feet of Zone Neuse Rtver basm protected riparian buffer to stabil�ze the eroded stream bank as described in your appl�cation dated November 1 2011 and received by the D�vis�on of Water Qual�ty (DWQ) on November 9 2011 After reviewmg your application and additional mformation we have decided that the tmpacts are covered by General Water Quality Certificatton Number(s) 3689 (GC3689) The Certification(s) allows you to use Nationwide Perm�t(s) NW13 when issued by the US Army Corps of Engmeers (USACE) This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B 0233 In add�tion you should obtam or otherwise comply with any other required federal state or local permits before you go ahead wrth your pro�ect mcludmg (but not limrted to) Erosion and Sediment Control and Non discharge regulattons Also, this approval to proceed with your proposed impacts or to conduct �mpacts to waters as depicted in your appl�cahon shall exp�re upon exp�rat�on of the 404 Permit This approval ts for the purpose and des�gn that you described m your appltcation If you change your pro�ect you must notify us and you may be required to send us a new appl�cation [f the property ts sold the new owner must be given a copy of this Certtfication and approval letter and is thereby responsible for complying with all conditions If total fills for thts pro�ect (now or m the future) exceed one acre of wetland or 150 Imear feet of stream compensatory mitigatton may be required as described �n 15A NCAC 2H 0506 (h) This approval requires you to follow the cond�t�ons listed m the attached cerhfication and any addihonal cond�hons listed below No ehCarolina �atura!!� North Carolina Division 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 Opportunity/A�rmative Action Employer — 50 / Recycled/10 / Post Consumer Paper Page 2 The Add�honal Condit�ons of the Cert�ficahon are 1 Impacts Approved The followmg impacts are hereby approved as long as all of the other spec►fic and general conditions of this Certificat�on (ar Isolated Wetland Permrt) are met No other impacts are approved includ�ng mcidental tmpacts T e of Im act Amount , Stream erennial 80 lmear Stream erennial 10 lmear Buffers Zone 1 2 900 (sQi 2 No Waste Spoil Solids or F�II of Any Kmd No waste spoil sol�d: footprmt of the impa mcludmg the design Management Practices or rules occur roved Units Plan Locat�on or Reference ) ermanent �m act PCN a e 4 of 10 1 tem or im act PCN a e 4 of 10 ft) temporary impact PCN paQe 5 of 10 or fill of any kmd shall occur m wetlands waters or ripar�an areas beyond the �ts depicted m the Pre Construct�on Notificat�on All construction activihes mstallation operatton and ma�ntenance of sediment and erosion control Best shall be performed so that no violations of state water qual�ty standards statutes 3 Erosion and sediment control practices must be m full compl�ance wrth all spec�ficat�ons governmg the proper design mstallat�on and operat�on and ma�ntenance of such Best Management Practices m order to protect surface waters standazds b c The erosion and sediment control measures for the pro�ect must be designed mstalled operated and mamtamed m accordance w�th the most recent version of the North Caroltna Sediment and Erosion Control Plamm�g and Des�gn Manual The design �nstallation operation and matntenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified m the most recent version of the North Carolma Sed�ment and Eros�on Control Manual The dev�ces shall be ma�ntamed on all construction srtes borrow sites and waste pile (spoil) pro�ects mcludmg contractor owned or leased borrow p►ts associated w�th the pro�ect Sufficient materials required for stabilization andlor repa�r of eros�on control measures and stormwater routmg and treatment shall be on srte at all times 4 Sed�ment and Erosion Control Measures Sedtment and erosion control measures shall not be placed �n wetlands or waters without pr�or approval from the Div�sion If placement of sediment and eros�on control dev�ces in wetlands and waters �s unavo�dable design and placement of temporary erosion control measures shall not be conducted m a manner that may result m dis equilibrium of wetlands or stream beds or banks ad�acent to or upstream and down stream of the above structures All sediment and eros�on control devices shall be removed and the natural grade restored w�thm two (2) months of the date that the Divis�on of Land Resources or locally delegated program has released the pro�ect Page 3 5 D�ffuse Flow All stor►nwater shall be directed as dtffuse flow at non erosive veloc�t�es through the protected stream buffers and wtll not re concentrate before dischargmg into the stream as identified with�n 15A NCAC 2B 0233(5) 6 Protective Fencmg The outside buffer wetland or water boundary and along the construction corr�dor within these boundaries approved under this authorization shall be clearty marked with orange warnmg fencmg (or similar high v�s�b�ltty mater�al) for the azeas that have been approved to mfrmge with�n the buffer wetland or water pr�or to any land dtsturbing activ�t�es to ensure compliance wtth 15 NCAC 2H Sect�on 0500 7 Notification of Pro�ect Commencement Please not�fy Lauren Wrtherspoon at (919) 791 4251 or lauren withersnoon(a�ncdenr �o_v of the proposed start date of the pro�ect 8 Certificate of Completion Upon completion of all work approved wtthm the 401 Water Quality Cert�fication or appl�cable Buffer Rules and any subsequent modifications the applicant is requ�red to return the attached cert�ficate of completion to the Wetlands Buffers Stormwater Compliance and Permittmg Umt (WeBSCaPe) North Carohna Drvision of Water Qual�ty 1650 Mai! Service Center Raletgh NC 27699 1650 Violations of any condttion herem set forth may result m revocatton of this Certtficat�on and may result m crim�nal and/or civil penalties The authorization to proceed with your proposed impacts or to conduct impacts to waters as dep�cted m your appl�cat�on and as author�zed by this Certificat�on shall exp�re upon exp�ration of the 404 or CAMA Permrt If you wish to contest any statement in the attached Certification you must file a petrt�on for an admm�strat�ve hearmg You may obtam the petitton form from the Office of Administrative Hearmgs You must file the petrtion with the Office of Admmistrat�ve Hearmgs w�thm sixty (60) days of rece�pt of this notice A petrtion is considered filed when it is rece�ved m the Office of Admm�strative Hearmgs durmg normal office hours The Office of Admmistrative Heanngs accepts filmgs Monday through Fnday between the hours of 8 OOam and 5 OOpm except for official state holidays The or�gmal and one (1) copy of the pet�tion must be filed w�th the Office of Admmistrative Hearmgs The petit�on may be faxed prov�ded the origina( and one copy of the document �s received by the Office of Admm�strative Hearmgs wrthm fve (5) busmess days followtng the faxed transmiss�on The mailmg address for the Office of Administratrve Hear�ngs is Office of Admm�strative Hearmgs 6714 Mail Serv�ce Center Raleigh NC 27699 6714 Telephone (919) 431 3000 Facsimile (919) 431 3100 A copy of the pet�tion must also be served on DENR as follows Page 4 Ms Mary Penny Thompson General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 Unless such a petrtion is filed this Certifcatton shall be final and bind�ng This letter completes the revtew of the Div�sion of Water Quality under Section 401 of the Clean Water Act and the Neuse River basin ripar�an buffer protection rule as described w�thm 15A NCAC 2B 0233 If you have any questions please telephone Lauren W�therspoon at 919 791 4251 S� cer ly a�� Danny Smi Surface W ter Protection Section Superv�sor Rale�gh Regional Office Enclosures GC 3689 Certificate of Completion cc DWQ Central Office — WeBSCaPe — 1650 Mail Serv�ce Center RRO File Copy Filename 11 0988_1314 Ivy Lane Stream Bank Stabil�zat�on_401_NBR_Approval