HomeMy WebLinkAbout20060659 Ver 3_Approval Letter_20120404NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Trenton Road LLC
Attn Julian Rawls
100 Weston Estates Way
Cary NC 27513
Division of Water Quality
Charles Waklld PE
Director
April 2012
Subject Property Woods at Umstead
Richlands Creek [030402 27 33 11 C NSW]
Dee Freeman
Secretary
DWQ Project # 06 0659 v 3
Wake County
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 of Madam
You have our approval in accordance with the attached conditions and those listed below to fill or otherwise
impact 80 linear feet of perennial stream channel (permanent impacts) 60 linear feet of perennial stream channel
(temporary impacts) 6 178 square feet of Zone 1 Neuse River basin protected riparian buffer (permanent
impacts) 4 233 square feet of Zone 1 Neuse River basin protected riparian buffer (temporary impacts) 3 764
square feet of Zone 2 Neuse River basin protected riparian buffer (permanent impacts) and 2 847 square feet of
Zone 2 Neuse basin protected riparian buffer (temporary impacts) for a residential subdivision as described in
your application received by the Division of Water Quality (DWQ) on February 2 2012 (dated January 31 2012)
and additional information received on March 7 2012 and March 30 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 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 tills 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
NorthCarolma
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 — 60 / Recycled /10 / Post Consumer Paper
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The Additional Conditions of the Certification are
I 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
Amount Approved Units
Plan Location or Reference
Stream perennial
80 (linear feet) permanent impact
PCN page 5 of 1 1
Stream perennial
60 (linear feet) temporary impact
PCN page 5 of 1 1
Buffers Zone 1
6 178 (square ft) permanent impact
PCN page 7 of 1 1
Buffers Zone 1
4 233 (square ft ) temporary impact
PCN page 7 of I I
Buffers Zone 2
3 764 (square ft) permanent impact
PCN page 7 of 11
Buffers Zone 2
2 847 (square ft ) temporary impact
PCN page 7 of 11
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
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
r Page 3
Diffuse Flow Plan Approval
The diffuse flow plan approved by this office consists of one level spreader and engineered vegetated
filter strip and all associated stormwater conveyances the grading and drainage patterns depicted on plan
sheets dated January 31 2012 No changes to the level spreader engineered filter strip shall be made
without written authorization from DWQ The diffuse flow devices shall have maintenance access and at
least a 10 foot drainage easement on each side to allow for the ability to maintain the structures and to
perform corrective actions The stormwater easements shall be recorded to provide protection of the
structures from potential alterations by future property owners
The approved diffuse flow must be maintained in perpetuity in accordance with LS VFS operation and
maintenance (O & M) agreements signed by Mr Julian W Rawl (Manager) on January 24 2012 The O
& M agreements must transfer with the sale of the property or transfer of ownership /responsibility for the
BMP facilities DWQ must be notified promptly of every transfer
6 Stormwater Management Plan (SMP) Approval Required
Please provide one copy of the approved SMP including plan details on full sized plan sheets with proof
of the City of Raleigh s approval The approved SMP must be submitted to the DWQ WeBSCaPe Unit
before any impacts authorized in this certification occur The following requirements also apply
The approved SMP must be constructed and operational before any permanent building or other
structure is occupied at the site
The approved SMP as well as drainage patterns must be maintained in perpetuity
The SMP may not be modified without prior written authorization from the City of Raleigh A copy
of the approval letter and the modified SMP must be submitted to the DWQ WeBSCaPe Unit prior to
the commencement of the modifications
7 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
8 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
9 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
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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 OOpm except for official state holidays The original and one (1) copy of the petition must be filed with the
Ottice 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
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
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
rely
aiY17v
Dannv Smith
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures GC 3821
Certificate of Completion
cc DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
Troy Beasley — Withers and Ravenel 1410 Commonwealth Drive Suite 101 Wilmington NC 28403
Fdkndme 06 0659 v 3—Woods at Umstead_401_NBR_Approva