HomeMy WebLinkAbout20111084 Ver 1_Approval Letter_20120118NC ®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid PE Dee Freeman
Governor Director
Secretary
January 18 2012
DWQ Project # 11 1084
J Harold Tharrington Wake County
The Gardens on Glenwood Condominium Owners Associations Inc
1401 Sunday Drive Suite 116
Raleigh NC 27607
Subject Property SW Prong of Beaverdam Creek Stabilization
Southwest Prong Beaverdam Creek [030402 27 33 15 1 C NSW]
Approval of 401 Water Quality Certification and Authorization Cerhficate 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 fill or otherwise
impact 390 linear feet of perennial stream channel (permanent impacts) 90 linear feet of perennial stream
(temporary impacts) 3 160 square feet of Zone 1 Neuse River basin protected riparian buffer (temporary
impacts) and 7 900 square feet of Zone 2 Neuse basin protected riparian buffer (temporary impacts) for a stream
bank stabilization project as described in your application received by the Division of Water Quality (DWQ) on
December 12 2011 (dated December 9 2011) After reviewing your application we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3687 and 3689 (GC3687 and 3689) The
Certification(s) allows you to use Nationwide Permit(s) NW3 and NW 13 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 213 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) 791 4200
Internet www ncwaterquality org 1628 Mail Service Center Raleigh NC 27699 1628 FAX (919) 788 7159
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper
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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 Impact
t A roved Units
Plan Location or Reference
Stream perennial
ar feet) tem or im act
PCN a e 7 of 14
Stream perennial
F390 ea feet) ermanent im act
PCN of 14
Buffers Zone 1
uare ft) tem or im act
PCN 9 of 14
Buffers Zone 2
(square ft) temporary impact I
PLAN page 9 of 14
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 Diffuse flow plan approval
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
6 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
7 Notification of Project Commencement
Please notify Lauren Witherspoon at (919) 791 4251 or lauren witherspoon ncdenr gov of the proposed
start date of the project
8 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
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 4
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 Mall 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 213 0233 If you have any
questions please telephone Lauren Witherspoon at 919 791 4251
7c iSle I y
Danny Smit
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures GC 3687 and 3689
Certificate of Completion
cc DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
Michael Shaffer PE — NCSU Biological & Agricultural Engineering Deparment Campus Box 7625
Raleigh NC 27695
Star C Smith — Elite Management Professionals Inc 1401 Sunday Drive Suite 116 Raleigh NC 27607
Filename 11 1084_SW Prong Beaverdam Creek Stabilization_401_NBR_Approval