20071921 Ver 1_Approval Letter_20071221

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Michael F. EasMcy, Governor
William G. Ross :3r., Secretary
North Carolina Department of Environment and Nat~ucal Resources
Coleen H. Su~ins, Director
Division of Water Quality
December 21, 2007
DWQ EXP Na_ 07-1921
Wakte County
BSP Atlantic, LLC
Attn: Mr. Ed Hallberg
5400 Trinity Road, Suite 307
Raleigh, NC 27607
Subject Property: BSP Atlantic
Crabtree Creek [030402, 27-33-(10), C, NSW]
Approval of Buffer Authorization Certificate per the Neuse River Buffer Protection Rules (15A
NCAC 2B .0233) with Additional Conditions
Dear Mr. Hallberg:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed melow,
to impact approximately 11,604 ft2 of Zone 1 and 7,656 fl of Zone 2 of the protected riparian builders for
the purpose of constructing the subdivision at the subject property as described within your'application
dated December 17, 2007 and received by the Division of Water Quality on December 18, 2007. 1rt
addition, you should obtain or otherwise comply with any other required federal, state or local pe~tnits
before you go ahead with your project including (but not limited to) Erosion and Sediment Contrt~l, 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. f®r
complying with all conditions. This authorization requires you to follow the conditions listed belcsw.
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 genera
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts act
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Zone 1 Buffers 11,604 (s ware ft.) December 17, 2007 PCN, 8 of 9
Zone 2 Buffers 7,656 (s uare ft.) December 17, 2007 PCN, 8 of 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 Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
IVo ehCarolina
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Page 2 of 3
December 21, 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.
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 ~lotification. 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
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). The diffuse flow measures (BMP outlets submitted on December 11,
2007 with modifications submitted on December 18, 2007, including the planting plan submitted
on December 21, 2007) must be implemented and the diffuse flow provisions shall be constructed
and operational before any permanent building is occupied at the subject site. The diffuse flow
measures as approved by this Office as well as drainage patterns must be maintained in
perpetuity. No changes to these provisions shall be made without written authorization from the
Division of Water Quality.
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 15A
NCAC 2B .0233.
7. Certificate of Completion
Upon completion of all work approved within this authorizatiion, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the 401
Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.

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Page 3 of 3
December 21, 2007
8. 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 properly, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at: http://h2o.enr.state.nc.us/ncwetlands. The teast of the sample deed
notification may be modified as appropriate to suit to this project.
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
.0233. 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 iimpacts are
proposed to either of these waters.
CHS/cbk/lem
Enclosures: Certificate of Completion
Sincerely,
Co een H. Sullins
cc: USAGE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Mr. Todd Preuninger, Withers and Ravenel, 111 MacKenan Drive, Cary, NC 27511