HomeMy WebLinkAbout20030570 Ver 4_Approval Letter_20111219����r
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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Wemgarten Investments Inc
Attn Alan R Kofoed
2600 Citadel Plaza Drive
Houston TX 77008
Division of Water Quality
Coleen H Sullins
Director
December 19 2011
Dee Freeman
Secretary
DWQ Pro�ect # 03 0570 v 4
Wake County
Sub�ect Property Ligon Mill Sanitary Sewer Extens�on
UT to Richland Creek [030402 27 21 (1 5) WS N NSW]
Neuse River Buffer Rule (15A NCAC 02B 0233) Authorizahon CertiCcate w�th addihonal cond�t�ons
Dear Ms Kofoed
You have our author�zat�on in accordance w�th 15A NCAC 02B 0233 and any cond�tions listed below to tmpact
approx�mately 2 345 ft2 of Zone 1(perrnanent tmpacts) of the protected ripartan buffers and 1 960 ft2 of Zone 2
(permanent �mpacts) of the protected riparian buffers to connect a gravity sewer to an existmg sanitary sewer lme
from existtng manhole #24 north to exist�ng manhole #7 as described w�thm your appl�cation dated November
28 2011 rece�ved by the D�viston of Water Quality (DWQ) on November 29 2011 In add�tton you should
obtatn or otherwise comply with any other requ�red federal state or local perm�ts before you go ahead with your
pro�ect includmg (but not l�mited to) Eros�on and Sediment Contro( Non discharge regulations
This author�zation cert�fication is for the purpose and destgn that you described m your application If you change
your proJect you must nottfy us and you may be required to send us a new applicat�on If the property ts sold the
new owner must be grven a copy of this authorization letter and is thereby responsible for complying w�th all
conditions This authorization requires you to follow the cond�ttons listed below
The Add�honal Condrtions of the Cerhfication are
1 Impacts Approved
The followmg �mpacts are hereby approved as long as all of the other specific and general condrt�ons of
this Cert�fication (or Isolated Wetland Permit) are met No other impacts are approved includmg
inctdental impacts
Amount A roved Units) Plan Locat�on or Reference
Zone 1 Buffers 2 345 s uare ft ermanent �m acts PCN a e 7 of 12
Zone 2 Buffers 1 960 (s uare ft ) ermanent im acts PCN a e 7 of 12
No�rthCarol�na
JVaiurall�
North Carolina Drvision of Water Quality Raleigh Regional Offce Surface Water Protection Phone (919) 791-4200 Customer Service
Internet www ncwaterquality org 1628 Mail Service Center Raleigh NC 27699 1628 FAX (919) 768 7159 877 623 6748
An Equal OpporturntylAffirmatrve AcUOn Employer — 50 / Recycledll0 / Post Consumer Paper
Page 2
2 Erosion & Sediment Control Practices
Erosion and sediment control practices must be m full compl�ance with all specifications governmg the
proper design installation and operation and ma�ntenance of such Best Management Practices m order to
protect surface waters standards
a The erosion and sediment control measures for the proJect must be designed installed operated and
mamtamed in accordance with the most recent version of the North Carolrna Sedrment and
Erosron Control Plannrng and Des�gn Manual
b The des�gn mstallat�on operation and ma�ntenance of the sedtment and erosion control measures
must be such that they eyual or exceed the requirements specified �n the most recent vers�on of the
North Carolrna Sedrment and Erosion Control Manual The dev�ces shall be mamtamed on all
constructton sttes borrow sites and waste pile (spo�l) pro�ects mcludmg contractor owned or leased
borrow p�ts associated w�th the pro�ect
c For borrow pit srtes the erosion and sed�ment control measures must be designed mstalled operated
and mamtamed m accordance wrth the most recent version of the North Carolrna Surface Mining
Manual
d The reclamation measures and implementation must comply w�th the reclamation m accordance with
the requirements of the Sedimentation Pollution Control Act
3 No Waste Spoil So(ids or Fill of Any Ktnd
No waste spoil solids or fill of any kmd shall occur m wetlands waters or r�parian areas beyond the
footprmt of the impacts depicted m the Pre Construction Notification All construct�on activ�ties
mcludmg the des�gn installation operatron and mamtenance of sed�ment and erosion control Best
Management Practices shall be performed so that no violations of state water quality standards statutes
or rules occur
4 No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and eros�on contro( measures shall not be placed m wetlands or waters wathout prior approval
by the Division If placement of sed�ment and erosion control devices m wetlands and waters is
unavoidable des�gn and placement of temporary eros�on control measures shall not be conducted m a
manner that may result �n dis equilibrium of wet(ands or stream beds or banks ad�acent to or upstream
and down stream of the above structures All sed�ment and erosion control devtces shall be removed and
the natural grade restored w�thtn two (2) months of the date that the Div�sion of Land Resources or locally
delegated program has released the pro�ect
5 Diffi►se Fiow Plan Approval
All stormwater shall be d�rected as diffuse flow at non erosive veloc�ties through the protected stream
buffers and w�ll not re concentrate before d�schargmg mto the stream as identtfied withtn i 5A NCAC 2B
0233
6 Protecrive Fencmg
The outside buffer wetland or water boundary and along the construction corridor withm these
boundaries approved under th�s authorization shall be clearly marked w�th orange warning fencmg (or
s�milar high v�s�bil�ty mater�al) for the areas that have been approved to infnnge wrthm the buffer
wetland or water prior to any land disturbing activit�es to ensure compliance with 15A NCAC 2B 500
7 Not�ficat2on of Pro�ect Commencement
Please notify Lauren Witherspoon at (919) 791 4251 or lauren w�therspoon �ncdenr �ov of the proposed
start date of the pro�ect
Page 3
8 Cert�ficate of Completion
Upon completion of all work approved w�th�n th�s author�zat�on and any subsequent modifications the
applicant is requ�red to return the attached certificate of complet�on to the Wetlands Buffers Stormwater
Compliance and Permittmg Unrt North Carol�na Division of Water Quality 1650 Mail Service Center
Raleigh NC 27699 1650
Any disputes over determ�nations regardmg this Authorization (assoc�ated with the approved buffer
tmpacts) shall be referred m wrrting to the Director w�thtn thirty (30) days of rece�pt of this not�ce for a dec�sion
You can contest the D�rector s decision as provided m Art�cles 3 and 4 of G S 150B To contest the
Dtrector s decis�on you must file a petrtion for an admmistrative hearmg You may obtain the petition form from
the office of Admin�strative hearmgs You must file the petition w�th the office of Admmistrat�ve Hearmgs
w�thm sixty (60) days of rece�pt of this notice A petit�on is considered filed when it is rece�ved in the office of
Admmistrative Hearmgs dur�ng normal office hours The Office of Admin�strative Heanngs accepts flings
Monday through Fr�day between the hours of 8 OOam and 5 OOpm except for offic�al state holidays The origmal
and one (1) copy of the petition must be filed w�th the Office of Admmistratrve Hearmgs
The petition may be faxed provided the origmal and one copy of the document is received by the Office of
Administrative Hearmgs w�thm five (5) busmess days following the faxed transmission
The mail�ng address for the Office of Admm�strative Hearmgs �s
Office of Administrat�ve Hearmgs
6714 Mail Serv�ce Center
Raleigh NC 27699 6714
Telephone (919) 733 2698 Facs�mile (919) 733 3478
A copy of the pet�t�on must also be served on DENR as follows
Ms Mary Penny Thompson General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Rale�gh NC 27699 1601
Th�s Author�zahon shall expire five (5) years from the date of thus letter
This letter completes the rev�ew of the No Practical Alternatives determination under 15A NCAC 2B 0233 If
you have any questions please call Lauren W�therspoon at (919) 791 4251 This letter does not author�ze any
impacts to etther Waters of the Umted States or Waters of the State Please contact the US Army Corps of
Engmeers (USACE) or NC Drv�ston of Water Qua(�ty (DWQ) �f any �mpacts are proposed to waters on this
pro�ect �
Smcerel
t n��� �; �
Danny Smith
Surface Water Protection Section Superv�sor
Raleigh Regional Office
Page 4
Enclosures Cert�ficate of Complet�on
cc DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
Debbie Edwards — S&EC 11 O 10 Raven R�dge Road Rale�gh NC 27614
Filename 03-0570 v 4_Ligon Mill Sanrtary Sewer Extension_NBR_Approval