HomeMy WebLinkAbout20071660 Ver 2_Approval Letter_20080107O~O~ W A ~~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
January 7, 2008
Mr. Mike Benteen
NC Wildlife Resources Commission
5031 Cambridge Oaks Drive
Matthews, NC 28104
Subject Property: Hickory Hills BAA Shoreline Protection
Falls Lake [030401, 27-(1), WSIV, NSW, CA]
DWQ Project # 07-1660
Durham County
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. Benteen:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.02 acres of open waters (lake), and 1,315 square feet (ft2)
of protected Zone 1 Neuse River basin riparian buffer and 0.00 square feet (ft2) of protected
Zone 2 Neuse River basin riparian buffer as described in your application dated September 28,
2007, with additional information received from you on October 25, 2007, and December 27,
2007, to stabilize the shoreline immediately adjacent to the existing boat ramp. After reviewing
your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3626 (GC3626). The Certification(s) allows you to use Nationwide
Permit(s) NW13, 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, Non-discharge, and other 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 or LAMA 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.
401 OversighUExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-68931 Internet: http://h2o.enr.state.nc.us/ncwetlands
N~~e Carolina
~tura!!y
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
NC Wildlife Resources Commission
Page 2 of 3
January 7, 2008
The Additional Conditions of the Certification are:
Conditions of Certification:
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
O en Water (lake) 0.02 (acres) PCN a e 9 of 12
Buffer -Zone 1 1,315 (s uare ft.) Additional information received 12/27/0
Buffer -Zone 2 0.00 (s uare ft.) Additional information received 12/27/0
Sediment and Erosion Control:
2. 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.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. 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 404/401Permit Application. 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. 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;
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
NC Wildlife Resources Commission
Page 3 of 3
January 7, 2008
approved to infringe within the buffer, wetland or water prior to any land disturbing activities
to ensure compliance with 15 NCAC 2H, Section .0500;
Certificate of Completion:
6. 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.
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 or CAMA Permit.
Violations 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 or CAMA 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.
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 Cyndi Karoly or Ian McMillan in the Central
Office in Raleigh at 919-733-1786 or Lauren Witherspoon in the DWQ Raleigh Regional Office
at 919-791-4200.
d
Sincerely, A Ili h
CHS/ijm
Enclosures: GC3626
Coleen H. Sullins
Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 071660HickoryHillsBAA(Durham)401 NBR
Certification of Com letion
DwQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of Certification or Authorization:
Certificate of Completion
ithin the 401 Water Quality Certification and Buffer Rules, and any
roved w g ress Permitting Unit,
Upon completion of all work app
uent modifications, the applicant is required to r iturn this certificate to the 401 Oversi xp ecessa to send
' Service Center, Raleigh, NC, 27699-1650. This form may be
subseq 1650 Mai
North Carolina Division of Water Quality, ro ect en ineer. It is not n
returned to DWQ by the applicant, the applicant's authorized agent, or the p ~ g
certificates from all of these.
Applicant's Certification due care and diligence was
hereby state that, to the best of my abilities,
I, construction such that the construction was obshe ad roved plans and spec fbcatiotnsl
used in the observation of the
compliance and intent of the 401 Water Quality Certification and Buffer Rules, t pp
and other supporting materials.
Date: ~-
Signature:
Agent's CertiflCation due care and diligence was
hereby state that, to the best of my abilities,
I, construction such that the construction was obshe ad roved plans antd specifications,
used m the observation of the
compliance and intent of the 401 Water Quality Certification and Buffer Rules, t pp
and other supporting materials.
Date:
Signature:
'3 ;.
If this project was designed by a Certified Professional i.e. Engineer,
as a duly registered Professional ~- ( periodically,
I been authorized to observe (p
' or, etc. m the State of North Carolina, having abilities, due care
Landscape Architect, Survey )
ekl full time) the construction of the project, for the Perrnittee hereby state that, to the est o m
tion such that the construction was observed to bV d llansi and
we y,
and diligence was used in the observation of the constru Certification and Buffer Rules, the appro
substantial compliance and intent of the 401 Water Quality
specifications, and other supporting materials.
Date
Registration No.
Signature: