HomeMy WebLinkAbout20030084 Ver 2_Approval Letter_20080201O'~ WATF9 Michael F. Easley, Governor
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North Carolina Department of Environment and Natural Resources
p „~. Coleen H. Sullins, Director
Division of Water Quality
February 1, 2008
Mr. Robert Luddy
120 Weathers Street, Suite F
Youngsville, NC 27596
Subject Property: Thales Academy
Ut Smith Creek [030402, 27-23-(2), C, NSW]
DWQ EXP No. 03-0084v2
Wake County
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B .0233) Authorization Certificate
with Additional Conditions
Dear Mr. Luddy:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 500 ftZ of Zone 1 and 300 ft2 of Zone 2 of the protected riparian buffers for the
purpose of constructing the school at the subject property as described within your application dated
January 28, 2008 and received by the Division of Water Quality on February 1, 2008. 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
regulations.
This authorization certificate 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 500 s uare ft. Janu 28, 2008 PCN a e 7 of 8
Zone 2 Buffers 300 s uare ft.) January 28, 2008 PCN a e 7 of 8
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: 919-733-1786 /FAX 919-733-6893 /Internet: htt~~J/h2o enr state.nc.us/ncwetlands
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An Equal OpportuniTy/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Thales Academy
Page 2 of 3
February 1, 2008
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 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
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).
'Yn an effort to comply with the diffuse flow provision of the Neuse Buffer Rule, you have
provided the DWQ with a level spreader design and bypass structure, received January 22, 2008
with modifications received on February 1, 2008. The DWQ believes that if implemented, as per
these plans, diffuse flow will be achieved. However, if diffuse flow as per 15A NCAC 02B
.0233(5) has not been 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 written authorization by DWQ.
6. 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 1 SA
NCAC 2B .0233.
Thales Academy
Page 3 of 3
February 1, 2008
7. 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 401
Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
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 property, 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 text 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 (iJSACE) or NC Division of Water Quality (DWQ) if any impacts are
proposed to either of these waters.
CHS/cbk/lem
Enclosures: Certificate of Completion
Sincerely,
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Coleen H. Sullins
cc: James Shern, USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files
Jay Keller Keller Environmental, 7921 Haymarket Lane, Raleigh, NC 27615