HomeMy WebLinkAbout20120449 Ver 1_Approval Letter_20120530r4i®
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld PE Dee Freeman
Governor Director Secretary
May 30 2012
Town of Cary
Attn Todd B Delk PE
316 Academy Street
Cary NC 27513
DWQ Project # 12 0449
Wake County
Subject Property Town of Cary — Queensferry Road —Street Side Trad — Cary Project No ST1196
Swift Creek [030402 27 43 (8) C NSW]
Neuse River Buffer Rule (15A NCAC 02B 0233) Authorization Certificate with additional conditions
Dear Mr Delk
You have our authorization in accordance with 15A NCAC 02B 0233 and any conditions listed below to impact
approximately 347 ft2 of Zone 1 (permanent impacts) and 256 ft2 of Zone 2 (permanent impacts) of the protected
riparian buffers for a walking trail as described within your application dated April 24 2012 received by the
Division of Water Quality (DWQ) on May 4 2012 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 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
NorrthCarolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 7914200 Customer Service
Internet www ncwaterquality org 1628 Mad 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 I Buffers
347 (square ft) permanent impacts
PCN page 6 of 11
Zone 2 Buffers
256 (square ft permanent impacts
PCN page 6 of 11
NorrthCarolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 7914200 Customer Service
Internet www ncwaterquality org 1628 Mad 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 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 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 project
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
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 15A NCAC 2B 500
Page 3
7 Notification of Protect Commencement
Please notify DWQ (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 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 rive (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 0233 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
Sind ely
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
Filename 12 0449_Town of Cary Queensferry Road Street Side Trail Cary Project No STi 196_NBR_Approval
4
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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild PE
Governor Director
DWQ Project No
Applicant
Project Name
County
Date of Issuance of 401 Water Quality Certification
Certificate of Completion
Dee Freeman
Secretary
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 this certificate to the 401 /Wetlands Unit North Carolina Division
of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form may be returned to DWQ by the applicant
the applicant s authorized agent or the project engineer It is not necessary to send certificates from all of these
Applicant's Certification
I hereby state that to the best of my abilities due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting
materials
Signature
Agent s Certification
Date
I hereby state that to the best of my abilities due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting
materials
Signature Date
If this project was designed by a Certified Professional
i as a duly registered Professional (i a Engineer Landscape
Architect Surveyor etc ) in the State of North Carolina, having been authorized to observe (periodically weekly full time)
the construction of the project for the Permitee hereby state that to the best of my abilities due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting
materials
Signature
Date
Registration No
1650 Mad Service Center Raleigh North Carolina 276991650
Location 512 N Salisbury St Floor 9 Raleigh North Carolina 27604 1170 One
Phone 919 - 807 -63011 FAX 919 - 807 -6494 NprthCarollina
Internet wnvw ncwaterquality org �'tu�Q��
An Equal Opportunity 1 Affirmative Action Employer 6 y