20030165 Ver 1_Approval Letter_20030717

' ~ uy,~:~-~ Michael F. Easley, Governor
o- 9
~~ ' QG William G. Ross Jr., Secretary
~ y North Carolina Department of Environment and Natural Resouroes
~~,r-~ Alan W. Klim©k, P. E. Dlroctor
.~. Divisiori of Water Quality.
Coloen H. Sullins, Deputy Diroctor
Division of Water Quality
July 17, 2003
~ - _ - - _- _ --- -- DWQ Project No. 03-0165
Wake County
J U L 2 4 2003 !~ Page 1 of 2
,,
R & D Development, LLC ~'
Attn: Don Perry ._ ------------~-------!`_. ,
4938-B Windy Hill Drive
Raleigh, NC 27609 .._......_._..~._-___~.~..~
Subject Property: Rutledge Landing S/D, Poole Road (SR 1007), Raleigh, NC
Poplar Creek [03-04-02, 27-35, C NSW (nutrient sensitive)] -
APPROVAL of 401 Water Gluality Certification and AUTHORIZATION CERTIFICATE per tho Neuse River Buffer
Protection Rules (15A NCAC 26.0233) with ADDITIONAL CONDITIONS ' r
Dear Mr. Perry:
You have our approval, in accordance with the attached conditions and those listedbelow, to place fill within or ~~
otherwise impact 65 teat of perennial stream and 6,504 square feet (ftz) (0.15 acres) of protected riparian buffers to .
construct a road and 22 feet of perennial stream and 2,104 fiz of protected riparian buffers to install a sewer system:at
the subject property, as described within your application dated February 13, 2003 including additional information '~.
received by this office on March 7, 2003 and June 10, 2003. After reviewing your application, we have decided that:the
impacts are covered by the N.C. Division of Water Gluality (DWQ) General Water Quality Certification Number(s) 3374
and 3404 (GC3374 & GC3404). The Certification(s) allows you to use Nationwide Permit(s) 12 and 14 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 26.0233. 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 will expire when the accompanying
404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you maybe 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). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
1. 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 Approval and Authorization Certificate.
2. Diffuse Flow (DWQ Review Required)
An additional condition is that all constructed stormwater conveyance outlets shall be directed 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.
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Ma1I Service Center, Ralolgh, NC 27699-1650 (Mailing Address)
919-733-1786 (phono), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands

~~ Page2of2
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 ~ischarg'e po~'n~tsplah details,
and calculations to indicate that diffuse flow through the protected buffers or nitrogen femoval as described
above will be achieved.
3. 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.
4. Water Ouality Certification(s)
The proposed project must comply with all of the conditions of General Water Quality Certification(s) (GC) 3374 &
3404.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or coastal Area Management Act Permit. 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 1506 of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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. 1506.
This letter completes the review of the Division of Water ~uality'under Section 401 of the Clean Water Act and the
Neuse riparian buffer protection rule as described within 15A NCAC 26.0233. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Alan W. Klimek, P.E.,
NC DWQ, Director
Attachments: Certificate of Completion
GC 3374 & 3404
Cc: Sean Clark, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
DWQ # 03-0165
Date: July 17, 2003
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