20040108 Ver 1_Approval Letter_20040727

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
July 27, 2004
Stone Hedge Carolinas
Attn: Paul Murphy
4000 Westchase Blvd., #500
Raleigh, NC 27607
DWQ Project # 04-0108
Wake County
Page 1 of 4
Subject Property: Miramonte Subdivision, NC Hwy 55, Apex, NC
UT to Middle Creek [03-04-03, 27-43-15-(1), C NSW]
Approval of 401 Water Quality Certification and Autli~orization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
,.
Dear Mr. Murphy:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.019 acres of wetlands, 111 feet of streams and 13,605
square feet (ft2) (or 0.312 acres) of protected riparian buffers for the purpose of constructing
roads and utilities at the subject property, as described within your application dated June 9,
2004 .and received by the N.C. Division of Water Quality (DWQ) on June 10, 2004 including
revised plans dated June 30, 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
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650... ~pe
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NOl'~~1Ca.TOl111a
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands ~atura!!r~
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Stone Hedge Carolinas / DWQ Project No. 04-0108
Page 2 of 4
July 27, 2004
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.
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 Plan Location or Reference
(Units)
Stream 57 (feet) Impact # 2 (Intermittent)
54 (feet) Im act # 2 (Perennial)
404 Wetlands 0.003 (acres) Impact # 1
0.0145 (acres) Impact # 2
0.002 (acres) Im act # 3
Buffers .13,605 (s uare ft.) Im act # 2
2. Water Quality Certification(s) -The proposed project must comply with all of the
conditions of General Water Quality Certification(s) (CIC) 3402.
3. 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 and GC 3402.
4. Buffer Impacts -The-approved buffer impacts associated with the road crossing equal 111
feet and 0.312 acres of protected riparian buffers. The Neuse Buffer Rule requires buffer
mitigation for road crossings that exceed 150 linear feet or 113 acres of buffer impacts. The
impact area includes the area of the footprint of the use and any clearing and grading
activities within the riparian buffer necessary to accommodate the use. The~length of buffer
impact is measured parallel to the stream and includes the length of the footprint of the use
and any clearing and grading activities within the riparian buffer necessary to accommodate
the use. If the DWQ determines that the impacts exceed 150 feet or 1/3 acre to the buffer,
then buffer mitigation pursuant to 15A NCAC 02B .0233 will be required for the entire
impact area.
5. Diffuse Flow -All constructed stormwater conveyance outlets shall be directed and
maintained as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before discharging into a stream as identified within 15A
NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater
facilities that are considered to remove nitrogen. This may require additional approval from
this Office
6. Construction Stormwater Permit NCG010000 -Upon the approval of an Erosion and
Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR

Stone Hedge Carolinas / DWQ Project No. 04-0108
Page 3 of 4
July 27, 2004
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/sulForms__Documents. htm.
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. 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.
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.

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Stone Hedge Carolinas / DWQ Project No. 04-0108
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July 27, 2004
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,
~', ~an W. Klimek, P.E.
AWK/bz
Enclosures: GC 3402
Certificate of Completion
cc: Sean Clark, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 040108