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Home My WebLink About20120048 Ver 1_Approval Letter_201202097LT4 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Town of Apex Attn Bruce Radford P O Box 250 Apex NC 27502 Subject Property Division of Water Quality Charles Waklld PE Director February 9 2012 Apex Barbeque Road Water Line Beaver Creek [030605 16 41 10 (0 5) WS IV NSW] Dee Freeman Secretary D WQ Project # 12 0048 Wake County Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules (15A NCAC 2B 0267) Authorization Certificate with additional conditions Dear Mr Radford You have our authorization in accordance with 15A NCAC 02B 0267 and any conditions listed below to impact approximately 2 367 tie of Zone 1 (permanent impacts) and 1 233 ft2 of Zone 2 (permanent impacts) of the protected riparian buffers to construct a water line as described within your application dated January 17 2012 received by the Division of Water Quality (DWQ) on January 17 2012 In addition you should obtain or otherwise comply with any other required federal state or local permits before you go ahead with your protect including (but not limited to) Erosion and Sediment Control Non discharge regulations This authorization certification 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 authorization letter and is thereby responsible for complying with all conditions This authorization requires you to follow the conditions listed below 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 impacts None hCarolina Naturally 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/Affirmative Action Employer — 50 / Recycled/10 / Post Consumer Paper Amount Approved Units Plan Location or Reference Zone 1 Buffers 2 367 (square ft permanent impacts PCN page 6 of 11 Zone 2 Buffers 1 233 (square ft permanent impacts PCN page 6 of 11 None hCarolina Naturally 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/Affirmative Action Employer — 50 / Recycled/10 / Post Consumer Paper Page 2 2 Erosion & Sediment Control Practices 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 protect 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 protect c For borrow pit sites the erosion and sediment control measures must be designed installed operated and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual d The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 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 4 No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by 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 protect Diffuse Flow 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 0267 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 15A NCAC 2B 500 7 Notification of Project Commencement Please notify DWQ (Lauren Witherspoon at (919) 791 4251 or lauren witherspoon @ncdenr gov) of the proposed start date of the project Pdge 3 8 Certificate of Completion Upon completion of all work approved within this authorization and any subsequent modifications the applicant is required to return the attached certificate of completion to the Wetlands Buffers Stormwater Compliance and Permitting Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 Any disputes over determinations regarding this Authorization (associated with the approved buffer impacts) shall be referred in writing to the Director within thirty (30) days of receipt of this notice for a decision You can contest the Director s decision as provided in Articles 3 and 4 of G S 150B To contest the Director s decision 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 OOam and 5 OOpm 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) 733 2698 Facsimile (919) 733 3478 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 Mail Service Center Raleigh NC 27699 1601 This Authorization shall expire five (5) years from the date of this letter Page 4 This letter completes the review of the No Practical Alternatives determination under 15A NCAC 2B 0267 If you have any questions please call Lauren Witherspoon at (919) 791 4251 This letter does not authorize any impacts to either Waters of the United States or Waters of the State Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to waters on this project S1 erely Danny Smith Surface Water Protection Section Supervisor Raleigh Regional Office Enclosures Certificate of Completion cc DWQ Central Office — WeBSCaPe — 1650 Mail Service Center RRO File Copy Nicole Thompson — S &EC 11010 Raven Ridge Road Raleigh NC 27614 Filename 12 0048_Apex Barbeque Road Water L►ne_NBR Approval