HomeMy WebLinkAbout20051110 Ver 2_Approval Letter_20080911o?pF WA7-,-- Michael F. Easley, Governor
61 6 1 William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q Coleen H. Sullins, Director
Division of Water Quality
September 11, 2008
DWQ Project # 05-1110, Ver. 2
Wake County
Mr. Roe O'Donnell, Deputy Town Manager
Town of Wake Forest
401 Elm Street
Wake Forest, NC 27587-2932
Subject Property: Richland Creek Restoration Site
Richland Creek [030402, 27-21-(0.5), C, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. O'Donnell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 1,090 feet of streams and 0 square feet of buffer for the purpose of stream
restoration at the subject property, as described within your application dated February 21, 2008 and
received by the N.C. Division of Water Quality (DWQ) on February 21, 2008. After reviewing your
application and additional information received on September 10, 2008, we have decided that the impacts
are covered by General Water Quality Certification Number 3689 (GC 3689). The Certification allows
you to use Nationwide Permit(s) 27 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:
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: htto://h2o.enr state.nc.us/ncwetlands
None hCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Down of Wake Forest
Page 2 of 3
September 11, 2008:
Amount Approved (Units) Plan Location or Reference
Stream 1,090 (feet) PCN page 8 of 13
404/CAMA Wetlands 0 acres NA
Waters 0 (acres) NA
Buffers 0 (square ft.) Exempt NA Exempt
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:
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.
3. 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 without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources or locally delegated program has released the project.
5. 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.
Town of Wake Forest
Page 3 of 3
September 11, 2008:
6. Stream and Buffer Restoration
You have our approval for your proposed final stream and buffer restoration plans. The stream
and buffer restoration must be constructed, maintained, and monitored according to the plans
approved by this Office. Any repairs or adjustments to the site must be made according to the
approved plans or must receive written approval from this Office to make the repairs or
adjustments.
7. Existing Buffer Protection
As per a meeting in our office on April 3, 2008 and a field visit at the site April 30, 2008, existing
buffers are to be maintained to the greatest extent practicable. This is to include incorporation of
well-vegetated stable streambanks into the grading plan without disturbance and establishment of
tree protection areas around mature trees within the limits of disturbance when feasible.
Prior to initiating construction, DWQ will accompany KCI personnel in marking specific trees
and/or clusters of trees to be preserved. KCI will contact DWQ to select a date to meet at the site
for the purpose of confirming final plans and marking of individual trees.
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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at (919)
733-1786.
Sincerely,
Co een H. Sullins.
CHS/EWK
Enclosures: GC 3689
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Steven Stokes - KCI Associates of North Carolina, Landmark Ctr. 11, Ste. 220 4601 Six Forks
Road, Raleigh, NC 27609-5210
Filename: 051110Ver2RichlandCreekRestorationSite(Wake)401