HomeMy WebLinkAbout20060658 Ver 3_Approval Letter_20070904\o~GF W H T ~9QG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 4, 2007
DWQ EXP No. 06-0658v3
Franklin County
Mr. Greg Garrett
Crescent Resources, LLC
11104 Limehurst Place
Charlotte, NC 28278
Subject Property: Hidden Lake, Youngsville, NC
Brandy Creek [030301, 28-29-3-(1), B, NSW]
Approval of Buffer Authorization Certificate per the Tar-Pamlico River Buffer Protection Rules
(15A NCAC 2B .0259) with Additional Conditions
Dear Mr. Garrett:
You have our authorization, in accordance with 15A NCAC 02B .0259 and any conditions listed below,
to impact approximately 4,320 ftZ of Zone 1 and 2,880 ft2 of Zone 2 of the protected riparian buffers for
the purpose of constructing the requested 44 individual lot piers and the boat ramp (201 Hidden Lake
Drive) at the subject property as described within your application dated August 28, 2007. 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.
This authorization 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:
Amount Approved (Units) Plan Location or Reference
Zone 1 Buffers 4,320 (s uare ft.) Au st 28, 2007 PCN, a e 9
Zone 2 Buffers 2,880 (s ware ft.) Au st 28, 2007 PCN, a e 9
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:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevazd, Suite 250, Raleigh, North Cazolina 27604
Phone: 919-733-1786 !FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands
No hCarolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Crescent Resources, LLC
Page 2 of 3
September 4, 2007
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.
3. 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 to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Diffuse Flow
An additional condition is that all stonnwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
the waterbody as identified within 15A NCAC 2B .0259(5).
6. Grasspave Operation and Maintenance Agreement
The signed and notorized Operation and Maintenance Agreement (O&M) for the boat ramp
access Grasspave BMP dated August 31, 2007 must be strictly implemented and maintained in
perpetuity. No changes to the BMP shall be made without written authorization from the Duvision
of Water Quality. This O&M Agreement must transfer with the sale of the land, or there most be
a transfer of responsibility for the BMP and DWQ must be notified of the transfer.
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within those
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 tLne
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15x~
NCAC 2B .0259.
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 ~}Ol
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Page 3 of 3
September 4, 2007
Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate 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
.0259. If you have any questions, please telephone Lia Myott at 919-733-1786. 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 (USAGE) or NC Division of Water Quality (DWQ) if any impacts are
proposed to either of these waters.
CHS/lem
Enclosures: Certificate of Completion
Sincerely,
~~
Coleen .Sullins, Director
cc: USAGE Raleigh Regulatory Field Office
Lauren Cobb, DWQ Raleigh Regional Office
File Copy
Central Files
Debbie Edwards, S&EC, 11010 Raven Ridge Road, Suite 120, Raleigh, NC 27614
File name: 060658v3HiddenLake(Franklin)EXPTPBAuth