20080845 Ver 1_Approval Letter_20080903

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
September 3, 2008
DWQ Project # 08-0845
Wake County
Mr. Hardin Watkins
Town of Garner
P.O. Box 446
Garner, NC 27529
Subject Property:
White Deer Park
Swift Creek [030402, 27-43-(5.5), WSIII, NSW, CA]
Revised Date Change on 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. Watkins:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 130 linear feet of intermittent stream and 10,666 square feet of Zone 1 Neuse
River basin protected riparian buffer, and 18,265 square feet of Zone 2 Neuse River basin protected
riparian buffer, as described in your application dated March 27, 2008, and received by the Division of
Water Quality (DWQ) on April 21, 2008, with additional information received by you on May 2, 2008,
June 2, 2008, and July 28, 2008, to construct the proposed town park at the site. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) NW39 when
issued by the US Army Corps of Engineers (USACE). 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 or CAMA 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:
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:
NOthCarolina
401 Oversight/Express Review Permitting Unit ll?llCll??lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httv://l12o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Town of Garner
Page 2 of 5
September 3, 2008
Type of Impact Amount Approved nits Plan Location or Reference
Stream - intermittent 130 (linear feet) PCN page 8 of 13
Buffers Zone 1 10,666 (square ft.) PCN a e 11 of 13
Buffers Zone 2 18,265 (square ft.) PCN page 11 of 13
2. 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.
3. 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.
4. Sediment and Erosion Control Measures
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. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http•//www nedot or /d?perations/BMP manual/download/BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall
be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
Town or varnci
Page 3 of 5
September 3, 2008
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Therefore, you must provide plans with adequate tret ceive written approval from thistOfficle fo?thee
must
stream will be maintained or enhanced. You
above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved
plans. place Placement of culverts and. other structures all culverts with a diameter gre terthan 48anches,
the elevation of the streambed by one foot for nches,
to all and 20 percent of the culvert diameter for culverts having
a diameter less placement of culverts andlother st uctu? s
low flow passage of water and aquatic life. Design and p ae
banks conducted in a manner that may
including temporary erosion control measures
to or upstream and down streamt
in dis-equilibrium of wetlands or streambeds or
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation ra and other
other bank hardeni g methods.lIf rip-rapgses
must be used where practicable instead of p p
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate
of Completion" form to notify NCDWQ when all work included in the §401 Certification has
been completed. The responsible party of shall Water Quality the upon completion of the project.tPlease
401/Wetlands Unit of the NC Divas
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
Diffuse Flow
stream buffers such maintaine a diffuse flow
All constructed stormwater conveyance outlets
notres oncent ate at
non-erosive velocities through the protected If this is not
before discharging into a stream as identified within 15A NCAC 2B .0233 (5).
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen(and phosphorus if in the Tar-Pamlico River Basin). This may require additional approval
from this Office.
Stormwater Management Plan (SMP) Approval Required
Before the impacts specified in this Certification may occur, the applicant must meet all of the
provisions set forth in the document Stormwater Management Plan (SMP) Requirements for
Applicants other than the North Carolina Department of Transportation, available at: cantsotherthanN httpi//h2o.enr.state.nc.us/ncwet an s ocume? beMbmitted within 60 dayslof the issuance of tDhe
T.pdf. The required SMP documentation mu
401 Water Quality Certification to the DWQ(401 Oversight and Express Permitting Unit, 2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604).
Town of Garner
Page 4 of 5
September 3, 2008
SMP approval and implementation procedures shall be as follows:
• The SNIP must be approved in writing by either the 401 Oversight/Express Unit or, if the project
is subject to another state stormwater program, a copy of the approval letter and approved SMP
must be submitted before any impacts authorized in this certification occur. If a development is
phased, then the SNIP for each future phase must approved by the 401 Oversight/Express Unit or,
if the project is subject to another state stormwater program, a copy of the approval letter and
approved SNIP must be submitted before any impacts associated with that phase may occur.
• The approved SMP must be constructed and operational before any permanent building or other
structure is occupied at the site. If a development is phased, then the approved SMP for each
future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the approval
letter and the modified SMP must be submitted to the 401 Oversight/Express Unit prior to the
commencement of the modifications.
8. 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;
9. 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 Oversight/Express Review Permitting 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.
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.
i own or tiarner
Page 5 of 5
September 3, 2008
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
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Enclosures: GC 3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Sincerely
Coleen H. Sullins
File Copy
Central Files
Brian Starkey, OBS Landscape Architects, 306/200 Parham Street, Raleigh, NC 27601
Filename: 080845 WhiteDeerPark(W ake)401 _NBR