20031338 Ver 1_Approval Letter_20040823

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project No.~03-1338
Wake County
Page 1 of 4
R & D Development, LLC
Attn: Mr. Don Perry
4938-B Windy Hill Drive
Raleigh, NC 27609
Subject Property: Rutledge Landing Residential Subdivision,
Poole Road (SR1007), Knightdale, NC
Poplar Creek [03-04-02, 27-35, C NSW (nutrient sensitive water)]
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. Perry:
,~,
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.105 acres of wetlands, 313 feet of streams and 25,757
square feet (ft2) of protected riparian buffers for the purpose of constructing a residential
subdivision at the subject property, as described within your application dated June 23, 2004 and
received by the N.C. Division of Water Quality (DWQ) on June 23, 2004. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3402 and 3374 (GC3402 and GC3374). The Certification(s) allows you to use
Nationwide Permit(s) 39 and 12 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 150 linear 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.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 CrabUee Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]! Internet: htto://h2o.enr.state.nc.us/ncwetlands
Noy` Carolina
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R & D Development, LLC / Rutledge Landing Subdivision / DWQ Project No. 03-1338
Page 2 of 4
August 17, 2004
1. Impacts Approved -The following impacts are hereby approved as long as all of the other
specific and general conditions of this Certification are met. No other impacts are approved
including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Stream 228 (feet) GC3402 -intermittent streams
Stream 65 (feet) GC3402 - erennial streams
Stream 20 (feet) GC3374 - erennial streams
404 Wetlands 0.065 (acres) GC3402
404 Wetlands 0.034 (acres) GC3374
Buffers 14,889 (s uare ft.) a endicular road crossin s
Buffers 1,994 (s uare ft.) e endicular utilit crossin s
Buffers 8,874 (s uare ft.) arallel road crossin s
2. Buffer Mitigation (EEP) -You are required to miti~ate for impacts to the protected riparian
buffers. The required area of mitigation to compensate for impacts to the protected riparian
buffers is 21,714 square feet as required under this Att~horization Certificate and 15A NCAC
2B .0242(buffer mitigation rule). We understand that ~ou wish to make a payment into the
Riparian Buffer Restoration Fund administered by the I~C Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. This has been. determined by the DWQ to be a
suitable method to meet the mitigation requirement. in accordance with 15A NCAC 2B
.0242(7)(bufferrnitigation rule), this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 2B .0233(10)(bufferprntection rule). Until the EEP receives
and clears your check (made payable to: DENR -Ecosystem Enhancement Program Office),
no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted
at [phone] if you have any questions concerning payment into the Riparian Buffer
Restoration Fund. You have one month from the date of this approval to make this payment.
For accounting purposes, this Authorization Certificate authorizes payment into the
Riparian Buffer Restoration Fund to compensate for 21,714 ft2 of required riparian
buffer mitigation for impacts to 8,874 ft2 of protected riparian buffers; 03-04-02 river and
subbasin, 27-35 stream index number."
3. Diffuse Flow (Review) -All constructed stormwater conveyance outlets shall be directed
and maintained to flow in a diffuse manner atnon-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.
4. 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 prior to
impacting any wetlands, waters and/or buffers approved for impact under this Certification

R & D Development, LLC / Rutledge Landing Subdivision / DWQ Project No. 03-1338
Page 3 of 4
August 17, 2004
Approval and Authorization Certificate. 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 maybe modified as appropriate to suit to this project.
5. 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 Erosio~i 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.
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6. 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 designs
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.
7. 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.
8. 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 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

R & D Development, LLC / Rutledge Landing Subdivision / DWQ Project No. 03-1338
Page 4 of 4
August 17, 2004
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,
~~ lan W. Klimek, P.E.
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Enclosures: GC 3402 ~~
Certificate of Completion `.
cc: Sean Clark, 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 031338

~~F WATF9p Michael F. Easley, Governor
William G. Ross Jr., Secretary
O G North Carolina Department of Environment and Natural Resources
,i 1 t~ r' Alan W. Klimek, P. E. Director
O - - ~~ ~ Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY _
AUTHORIZATION CERTIFICATE
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 26 .0242, R & D Development, LLC has permission as outlined below and within the
General Water Quality Certification (WQC) Number 3402 w/ additional conditions to impact protected riparian buffers for
the purpose(s) of constructing the proposed Rutledge Landing Subdivision. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached certification transmittal letter. THIS
AUTHORIZATION CERTIFICATE IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
DWQ Project No.: 03-1338
Date: August 17, 2004
LOCATION: Knightdale
COUNTY: Wake
BASIN/SUBBASIN: 03-04-02 (river/subbasin); 27-35(stream index no.)
As required by 15A NCAC 26 .0233 and the conditions of WQC No. 3402 w/ additional conditions, you are required to
compensate for the above impacts through the restoration or enhancement of buffers as outlined below prior to
conducting any activities that impact or degrade the waters of the state. ~~
21,714 square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee
to the Riparian Buffer Restoration Fund per 15A NCAC 26 .0242. If you choose this option, please sign this form and mail
it to the EEP at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon
receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature
ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
Date
Nor`thCaro]ina
North Carolina Division of Water Quality, 401 Wetlands Certification Unit, ~Natrrrall~
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) ~
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
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