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Home My WebLink About20080067 Ver 4_Approval Letter_201201134 ir&ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld PE Governor Director Dee Freeman Secretary January 13 2012 DWQ Project # 08 0067 v 4 North Broad Street LLC Wake County Attn Tim Smith 100 Weston Estates Way Cary NC 27513 Subject Property Alston Pond Subdivision UT to Basal Creek [030403 29 43 15 3 B NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B 0233) with Additional Conditions Dear Sir You have our approval in accordance with the attached conditions and those listed below to fill or otherwise impact 0 034 acre of 404 wetland (permanent impacts) 0 014 acre of 404 wetland (temporary impacts) 297 linear feet of perennial stream channel (permanent impacts) 23 linear feet of intermittent stream channel (temporary impacts) 23 344 square feet of Zone 1 Neuse River basin protected riparian buffer (permanent impacts) and 23 405 square feet of Zone 2 Neuse basin protected riparian buffer (permanent impacts) to construct a residential subdivision as described in your application received by the Division of Water Quality (DWQ) on December 6 2011 and additional information received by DWQ on January 10 2012 After reviewing your application we have decided that the impacts are covered by General Water Quality Certification Number(s) 3821 (GC3821) The Certification(s) allows you to use Nationwide Permit(s) NW29 when issued by the US Army Corps of Engineers (USACE) This letter shall also 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 Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit This approval 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 Certification and approval letter and is thereby responsible for complying with all conditions If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 7914200 Intemet www ncwaterquality org 1628 Mad Service Center Raleigh NC 27699 1628 FAX (919) 788 7159 An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper O None hCarol ina Aaturally Customer Service 877 623 6748 Page 2 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 and/or temporary impacts Type of I -!m act Amount Approved Units Plan Location or Reference 404 Wetland 0 034 (acre ermanent im act PCN page 5 of 12 revised January 9 2012 404 Wetland Wet" land 0 014 (acre) tem or im act PCN page 5 of 12 revised January-9 2012 Stream (linear feet) permanent im act PCN nn op 5 of 12 revised January 9 2012 Stream intermittent 23 (linear feet temporary impact PCN page 5 of 12 revised Janu 9 2012 Buffers Zone 1 23 344 s uare ft ermanent impact PCN page 7 of 12 revised January 9 2012 Buffers Zone 2 23 405 (square ft permanent impact PCN page 7 of 12 revised January 9 2012 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 Page 3 5 Mitigation (Buffer and Stream) You are required to mitigate for impacts to the streams and protected riparian buffers The required mitigation to compensate for 297 linear feet of stream impacts is proposed at 2 1 ratio for a total of 594 linear feet of stream channel credits of which 297 linear feet of stream channel is required by DWQ under this 401 Water Quality Certification We understand that you intend to purchase credits from the Forrest Creek Stream Mitigation Bank in Orange County located in HUC 03020201 to meet this mitigation requirement The letter (dated December 7 2011) from the Bank Sponsor EBX EM LLC included in your application packet states that mitigation is currently available for transfer The required mitigation to compensate for Zone 1 of the protected riparian buffers is 56 517 square feet and for Zone 2 of the protected riparian buffer is 13 863 square feet as required under this Authorization Certificate and 15A NCAC 2B 0233 We understand that you intend to purchase credits from the Wildlife Neuse River Riparian Buffer & Nutrient Umbrella Mitigation Bank — Little River Farm Mitigation Site located in HUC 03020201 to meet this mitigation requirement The letter (dated January 12 2012) from the Bank Sponsor Wildlands Southeast Holdings I LLC included in your application packet states that 70 380 square of buffer mitigation credits are available for this project These contributions of both stream and buffer credit has been determined by the DWQ to be a suitable method to meet the mitigation requirement Until the EBX EM LLC and Wildland Southeast Holdings I LLC receive and clear their respective checks and proof of payment has been provided to this Office no impacts specified in this Authorization Certificate shall occur For accounting purposes, this 401 Water Quality certification and Authorization Certificate authorizes payment into the Forrest Creek Stream Mitigation Bank and Wildlife Neuse River Riparian Buffer &Nutrient Umbrella Mitigation Bank — Little River Farm Mitigation Site to meet the following compensatory mitigation requirements 6 Diffuse flow (DWQ Reviewed Plans) 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 0233(5) or if this is not possible it is necessary to provide stormwater facilities that are considered to remove nitrogen In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B 0233 (5)) you have provided the DWQ with level spreader designs received by the DWQ on July 16 2008 The DWQ believes that if implemented as per these plans diffuse flow can be achieved However if diffuse flow as per 15A NCAC 02B 0233(5) is not achieved then the DWQ shall be notified and corrective actions to restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies At no time shall stormwater from the proposed development be piped directly through the buffer without prior DWQ written authorization 7 Stormwater management plan (No Further Approval Needed) • The approved SMP must be constructed and operational before any permanent building or other structure is occupied at the site If a development is phased then the approved SMP for each future phase must be constructed and operational before any permanent building or other structure associated with that phase is occupied • The approved SMP as well as drainage patterns must be maintained in perpetuity MA Page 4 • The SMP may not be modified without prior written authorization from the SMP approval authority If the SMP falls under another state stormwater program then a copy of the approval letter and the modified SMP must be submitted to the Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) prior to commencement of the modifications 8 Protective Fencing The outside buffer wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H Section 0500 9 Notification of PrRlect Commencement Please notify DWQ (c /o Lauren Witherspoon at (919) 791 4251 or lauren witherspoon ncdenr gov) of the proposed start date of the project 10 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 With your Certification of Completion submittal, you are also required to provide a brief explanation, including photo documentation, how the stream channel at the terminus of the downstream impact is functioning as a stream channel and has not been impacted beyond the stream impacts approved in this letter 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 (919) 431 3000 Facsimile (919) 431 3100 'Page A ropy of the petition must also be strved 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 Section 401 of the Clean Water Act and the Neuse River basin riparian buffer protection rule as described within 15A NCAC 2B 0233 If you have any questions please telephone Lauren Witherspoon at 919 791 4251 Sinc rely Danny 'mt Surface ater Protection Section Supervisor Raleigh Regional Office Enclosures GC 3821 Certificate of Completion cc Jamie Shern — USACE Raleigh Regulatory Field Office DWQ Central Office — WeBSCaPe — 1650 Mail Service Center RRO File Copy Troy Beasley — Withers and Ravenel 1410 Commonwealth Dnve Suite 101 Wilmington NC 28403 Gary Jones — NCDOT Hydraulic Unit 1590 Mail Service Center Raleigh NC 27699 1590 Filename 08 -0067 v4-Alston Pond Subdrvision_401_NBR_Approval