HomeMy WebLinkAbout20110483 Ver 1_Approval Letter_20130125ti
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North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Bob Wright
Carolina Country Club
2500 Glenwood Avenue
Raleigh, North Carolina 27608
Division of Water Quality
Charles Wakild, P. E.
Director
January 25, 2012
Subject Property: Carolina Country Club
Beaverdam Creek [030402, 27- 33 -15, C, NSW]
John E Skvarla, III
Secretary
DWQ Project # 11- 0438v2
Wake County
Approval of 401 Water Quality Certification and MODIFIED Authorization Certificate per the
Neuse River Buffer Protection Rules (15A NCAC 26.0233) with Additional Conditions
Dear Mr. Wright:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 96 linear feet of perennial stream (30 linear feet
permanent impact and 66 linear feet temporary impact), 58 linear feet intermittent impact and
8,573 square feet of Zone 1 Neuse River protected riparian buffer, and 20,623 square feet of
Zone 2 Neuse River protected riparian buffer, as described in your application dated May 5,
2011, and received by the Division of Water Quality (DWQ) on May 9, 2011, with additional
information received on July 29, 2011. In addition, this Modification represents our approval
for an additional 3,071 square feet of Zone 1 and 1,322 square feet of Zone 2 of the Neuse River
protected riparian buffer, as described in your revised application dated January 22, 2013 and
received by DWQ on January 23, 2013. This Certification replaces the Certification issued on
August 12, 2011. These impacts are required to construct the proposed irrigation reservoir
project at the site. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3821(3821). The Certifications)
allows you to use Nationwide Permit(s) NW18 and NW39, when issued by the US Army Corps of
Engineers (USACE). 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
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Mr. Bob Wright
January 25, 2013
Page 2 of 5
proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 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 2H .0506 (h). This approval requires 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 - perennial
96[(linear feet) 30 linear feet
Original PCN application page 8 of
permanent impact and 66 linear
16
feet temporary impact]
Stream -
58 (linear feet)
Original PCN application page 8 of
intermittent
16
Buffers Zone 1
8,573 (square ft.)
Original PCN application pages 10 of
16
Buffers Zone 2
20,623 (square ft.)
Original PCN application pages 10 of
16
*Buffers Zone 1
3,071 (square ft.)
Revised PCN application pages 7 of
14
*Buffers Zone 2
1,322 (square ft.)
Revised PCN application pages 7 of
14
*New impacts per PCN dated 1/22/13
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
Mr. Bob Wright
January 25, 2013
Page 3 of 5
of sediment and erosion control Best Management Practices, shall be performed so that
no violations of state water quality standards, statutes, or rules occur.
3. 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
downstream 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;
4. 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;
5. 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). However, if diffuse flow as per 15A NCAC
02B .0233(5) is not achieved, then the DWQ shall be notified and corrective actions to
restore diffuse flow shall be taken if necessary to impede the formation of erosion
gullies. At no time shall stormwater from the proposed development be piped directly
through the buffer without prior DWQ written authorization.
6. Compensatory Mitigation
Mitigation must be provided for the Zone 1 impacts described in the PCN as specified in
the table below (Zone 2 is grassed and will be restored as grass, so no mitigation is
required).
Mr. Bob Wright
January 25, 2013
Page 4 of 5
Type of Impact
Compensatory Mitigation Required
River and Sub -basin
Number
Stream
Neuse /03020201
Buffer Zone 1
9,213 Square Feet
Neuse /03020201
Buffer Zone 2
Neuse /03020201
You have proposed to satisfy the mitigation requirement by performing on -site
mitigation in two areas along Beaverdam Creek. The mitigation must be completed in
accordance with the Neuse Buffer Restoration Plan dated January 21, 2013, and
included with your application dated January 22, 2013. This mitigation must include
planting of woody vegetation such that density of 320 stems per acre is achieved at
maturity. Monitoring shall be conducted in accordance with the Restoration Plan, and
monitoring reports shall be submitted by January 1 of each year following the on -site
monitoring activities. Monitoring shall be conducted for five years or until the
performance standards are met.
In addition, within 90 days of your receipt of this buffer authorization, a copy of the
recorded Conservation Declaration, including a map showing the protected area, shall
be submitted to this Office within 90 days of your receipt of the permit modification.
7. 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:// Dortal.ncdenr.ore/web /wq /swp /ws/ 401 /certsandoermits /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:OOam and S:OOpm, 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.
Mr. Bob Wright
January 25, 2013
Page 5 of 5
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 DENR: Lacy Presnell, General Counsel,
DENR, 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 riparian buffer protection rule as described within 15A NCAC 2B
.0233. If you have any questions, please telephone Karen Higgins or Eric Kulz at 919 - 807 -6300.
Sincerely,
Karen Higgins, Sup or
Wetlands, Buffers, Stormwater — Compliance & Permitting Unit
KH/ewk
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Kevin Yates, EcoEngineering, A Division of John R. McAdams Company, 2905 Meridian
Parkway, Durham, NC 27713
Filename: 110438CarolinaCountryClub (Wake)401_NBR_MOD