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Home My WebLink About20121052 Ver 1_Approval Letter_20121221��" Nrci R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary December 21, 2012 Mr. Carl Dawson Public Works Department City of Raleigh 222 West Hargett Street, P.O. Box 590 Raleigh, NC 27602 -0590 DWQ Project # 12 -1052 Wake County Subject Property: Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse Riparian Buffer Rules 520 and 524 Lakestone Drive Dear Mr. Dawson: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise permanently impact 50 linear feet of stream, temporarily impact 2,150 square feet of Zone 1 Neuse River Basin protected riparian buffer and 800 square feet of Zone 2 Neuse River Basin protected riparian buffer, and permanently impact 1,975 square feet of Zone 1 Neuse River Basin protected riparian buffer and 75 square feet of Zone 2 Neuse River Basin protected riparian buffer as described within your application received by the N.C. Division of Water Quality (Division) on November 13, 2012. The impacts are covered by General Water Quality Certification Number(s) 3885 (GC3885), which allows you to use Nationwide Permit(s) NW13 when issued by the US Army Corps of Engineers (USACE), and this Buffer Authorization Certificate. 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, and other regulations. 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 4044 or CAMA 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 02H.0506 (h). This approval requires Wetlands, Buffers, Stomnaater, Compliance and Permitting Unit (WeBScaPe) 1650 Mall Service Center, Raleigh, North Carolina 27699 -1650 Phone: 919-807.63001 FAX 919$07 -6494 Internet: httpJlportal.ncdenro9'webhvgfws An Equal Opportunity 1 Affirmative Action Employer ' Y 520 & 524 Lakestone Drive Page 2 of 3 December 21, 2012 you to follow the conditions listed in the attached certification and any additional 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: Type of Impact Amount Approved (Units) Plan Location or Reference Stream — permanent 50 (linear feet) PCN pg 8 of 12 Zone 1 Buffers —temporary 2,150 (square ft.) PCN pg 8 of 12 Zone 2 Buffers —temporary 800 (square ft.) PCN pg 8 of 12 Zone 1 Buffers — permanent 1,975 (square ft.) PCN pg 8 of 12 Zone 2 Buffers — permanent 75 (square ft.) PCN pg 8 of 12 2. 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 02H.0500. 3. You must revegetate all disturbed areas within the buffers as described in your application. If you need additional information on plantings, see Guidelines for Buffer Restoration available at: http: / /portal.ncdenr.orp,/c /document library /get file ?uuid= e46ec613- 90f8- 4e22 -973c- 57c863afc737 &groupld =38364 4. 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. 5. 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 /certsandperinits /ate forms. The text of the sample deed notification may be modified as appropriate to suit to this project. 520 & 524 Lakestone Drive Page 3 of 3 December 21, 2012 6. Certificate of Completion The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWQ Webscape Unit within ten days of project completion (available at: http:/ /portal.ncdenr.ore/web /wa /swp /ws /401 /certsand perm its /apply /forms). You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http: / /www.ncoah.com/ or call (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DEN R: William Cary, 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. Sincerely, Karen Higgins, Supervis Wetlands, Buffers, Stormwater — Compliance & Permitting Unit Enclosures: GC3884, GC3885 cc: USAGE Raleigh Regulatory Field Office DWQ Raleigh Regional Office Becky Ward, Ward Consulting Engineers, 8368 Six Forks Road, suite 104, Raleigh, NC 27615 File Copy Filename: 121052_520and524LakestoneDrive( Wake)401_NBR.docx