20071787 Ver 1_More Info Received_20071005

Page 1 of 1
From: Brown, Thomas L SAW J~rJ_ ~r~~~
Date: 10/05/07 09:51:06 U l
To: cpgarner(cr~,nc~rr.com
Cc: kallam~(a),raleigh-nc.o~; Btucker~Wetnerilleng.com; Shern,_3ames F SA_W
Subject: AID: 200420986, New Hope Development Corp, Cherry Ridge Subdivision
Mr. Garner,
The Cherry Ridge subdivision does not need a Section 404 of the Clean Water Act permit for the proposed bridge
crossing as long as all of the bridge will fully span the width of the wetlands and stream. The bridge wi{! be used in place
of a crossing permitted under Nationwide Permit 39 on May 21, 2004, action ID number 200420986.
Please give me a call if you have any other questions
Thanks,
Thomas Brown
Regulatory Specialist
USArmy Corps of Engineers
Raleigh Regulatory Field ~~ce
919-876-8441 x22

O~O~ W A ~~9QG
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Michael F. Easley, Governor
William G. Ross 1r., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 18, 2004
Mr. Pender Garner
New Hope Development Corp.
P.O. Box 40636
Raleigh, NC 27629
Subject Property: Cherry Ridge Subdivision, Carolina Pines Avenue, Raleigh, NC
UT to Walnut Creek [03-04-02, 27-34-6, C NSW]
Approval of 401 Water Quality Certification and Authorization
Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B
.0233) with Additional Conditions
Dear Mr. Garner:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.016 acres of wetlands and 13,940 square feet (ft2) of
protected riparian buffers at the subject property, as described within your application dated July
1, 2004 and received by the N.C. Division of Water Quality (DWQ) on July 1, 2004. The
approved impacts are for the basic project purpose of constructing a road to provide access to the
property and connection between Cherry Circle and Carolina Pines Avenue (a "collector street")
as described within your application, which included a letter from the City of Raleigh, dated
January 29, 2004. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s)
allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers
(USAGE). This letter shall also act as your approved Authorization Certificate :for impacts to the
protected riparian buffers per 15A NCAC 2B .0233. 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 proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404
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 1501inear 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.
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
One
NorthCarolina
JVatura!!~
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

• New Hope Development Corp. /Cherry Ridge Subdivision / DWQ Project No. 04-0545
Page 2 of 3
August 18, 2004
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
Stream 0 (feet) (Bottomless Arch Culvert)
404 Wetlands 0.061 (acres)
Buffers 13,940 (square ft.)
2. Diffuse Flow (Review) - Stormwater runoff from all constructed stormwater conveyance
outlets shall be directed and maintained to flow in a diffuse manner at non-erosive velocities
through the entire protected stream buffers without re-concentrating. If this is not possible it
may be necessary to provide stormwater facilities that are considered to remove nitrogen.
Additionally, a stormwater management plan for this project shall be provided to this
Office before any of the impacts approved herein are conducted. The plan shall specify
all stormwater discharge points, plan details, and calculations to indicate that diffuse flow
through the protected buffers or nitrogen removal as described above will be achieved.
3. No Stream Impacts (Open Bottom & Bottomless Arch Culverts) -Your application states
that an arch culvert will be used to cross the stream and that no impacts will occur to streams.
This letter does not approve any impacts to streams. The proposed project must comply with
all applicable water quality standards as listed in 15A NCAC 02B .0200. The placement of
the culverts shall not be conducted in a manner that may result in aggradation, degradation or
significant changes in hydrology of the streambed and bank, adjacent to or upstream and
downstream of the structure. The openings must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams.
4. Grading and Revegetation within Zone 2 -The plans provided along with the application
depict grading activities within Zone 2 of the protected buffer. This activity is designated as
"exempt" under the Buffer Rule provided that fill is not placed in Zone 1, diffuse flow is
maintained as per the Buffer Rule, the disturbed areas are stabilized and revegetated, and the
health of the existing vegetation in Zone 1 is not compromised.
5. Protective Fencing -The construction corridor 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 .0233 and GC 3402.
6. Water Quality Certification(s) -The proposed project must comply with all of the
conditions of General Water Quality Certification(s) (GC) 3402.

New Hope Development Corp. /Cherry Ridge Subdivision /DWQ Project No. 04-0545
Page 3 of 3
August 18, 2004
7. 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.
8. 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.
9. 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.
10. Construction Stormwater Permit NCGO10000 -Upon the approval of an Erosion and
Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR
delegated local erosion and sedimentation control program, an NPDES General
Stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or more
acres], full compliance with permit conditions including the sedimentation control plan,
self-monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http: //h2o. enr. state. nc. us/su/Forms Docz~rnenLs. htm.
11. Certificate of Completion -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 the attached certificate of completion to
the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.

New Hope Development Corp. /Cherry Ridge Subdivision /DWQ Project No. 04-0545
Page 4 of 3
,~ August 18, 2004
Violatioris of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
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 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 John Dorney at 919-733-9646 or Bob
Zarzecki at 919-733-9726.
Sincerely,
~~
Alan W. Klimek, P.E.
AWK/bz
Enclosures: GC 3402
Certificate of Completion
cc: Todd Preuninger, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
Eric J. Lamb, PE, City of Raleigh, 222 West Hargett St., Raleigh, NC 27602
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 040545