HomeMy WebLinkAbout20120905 Ver 1_Approval Letter_20121026r
Beverly Eaves Perdue
Governor
-AMigh g
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Chuck Wakild, RE
Director
October 26, 2012
Clifton Woods, LLC
Attn: Mr. Glenn Futrell
150 Towerview Court
Cary, NC 27513
Subject Property: Trenton Point Subdivision
Ut to Reedy Creek [030402, 27 -33 -8, B, NSW]
Dee Freeman
Secretary
DWQ Project # 12 -0905
Wake County
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate
Dear Mr. Futrell:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to
impact approximately 850 square feet (ft) of Zone 1 protected riparian buffers and 358 square feet (ft)
of Zone 2 protected riparian buffers to construct the proposed subdivision at the subject property as
described within your application dated October 1, 2012, received by the Division of Water Quality
(DWQ) on October 1, 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:
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:
Type of Impact
Amount Approved (Units)
Plan Location or Reference
Zone 1 Buffers
850 (square ft.)
Page 6 of 12 of PCN
Zone 2 Buffers
358 (square ft.)
Page 6 of 12 of PCN
:'edar,i, of -leis, `P_,r,,iivri,,r , ; ipi—,e ,n.i p� ,l, tong l'nit 1'' �e�'�r',PC 1
=h',l - ' .8- F , 8u
,l ar I it'! C-.1" Jan n,l 1
Trenton Point Subdivisi�.n
Page 2 of 3
October 26, 2012
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 project.
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.
5. The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to
the DWQ 401 Program within ten days of project completion (available at:
http: / /Portal.ncdenr.org /web /wq /swp /ws /401 /certsandpermits /apply /forms).
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit web site at:
http: / /portal.ncdenr.org /web /wq /swp /ws /401 /certsand perm its /apply /forms.
The text of the sample deed notification may be modified as appropriate to suit to this project.
Trenton Point Subdivision
Page 3 of 3
October 26, 2012
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 8:00am 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, Fax: (919) 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. William Carey, 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.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0233. If you have any questions or would like a copy of the buffer rules, please call Karen Higgins at
(919) 807 -6360. 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 DWQ if any impacts are
proposed to either of these waters.
Sincerely,
Charles Wakild, P.I
CW /kah /ijm
cc: Nicole Thomson, S &EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
File Copy
Filename: 120904TrentonPomtSD (Wake)401_NBR