20081156 Ver 1_Approval Letter_20080917

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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 17, 2008
DWQ Project # 08-1156
Wake County
Mr. Brad Nelson
Toll Brothers, Inc.
2310 TW Alexander Boulevard
Raleigh, NC 27617
Subject Property: Lot 15 - The Estates At Olde Carpenter
Ut to Crabtree Creek [030402, 27-33-(1), C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions - REVISED
Dear Mr. Nelson:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.028 acres of 404/wetland and 0.00 square feet of Zone 1 Neuse River basin
protected riparian buffers and 0.00 square feet of Zone 2 Neuse River basin protected riparian buffers, as
described in your application dated July 28, 2008, and received by the Division of Water Quality (DWQ)
on July 28, 2008, with additional information received from you on September 2, 2008, to construct a
residential project 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) NW18 when issued by the US Army Corps of Engineers (USACE).
This Certification replaces the Certification issued to you on September 15, 2008. 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:
No°?`thCarolina
401 Oversight/Express Review Permitting Unit atura!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
1
1 e of Im act
404/Wetland `mount A roved
Buffers Zone 1 0'028 (acres)
Buffers Zone 2 0.00 (s uare ft.)
0.00 (s uare ft.)
2. No Waste, Spoil, Solids, or Fill of Any Kind
Toll Brothers, Inc,
Page 2 of 3
nits September 17, 2008
Plan Location or Reference
PCN a e + of 9
PCN a es 7 and 8 of 9
PCN a es 7 and 8 of 9
No waste, spoil, solids, or fill of an
the footprint oil the impacts dep'on Notification' kind shall occur in wetlands, waters or riparian areas beyond
activities, including the design, i i cted in the nstallation, Pre-Con structtand
. All construction
control Best Management Practices, shall be perfo fication,
maintenance of sediment and erosion
standards, statutes, or rules occur, tined so that no violations of state water
3• Erosion and sediment control practices must be in ful quality
the proper design, installation and operation and maintenance of such Best
I compliance with all specifications governing
order to protect surface waters standards:
Management Practices in
a• The erosion and sediment control measures for the protect
operated, and maintained in accordance with the most recent version of the North
Sediment and Erosion Control Planning and Design r must be designed, installed,
b• The design, installation , operation, and maintenance Carolina
the sediment measures must such that the equal, or exceed, the requ remnts specified nn control
recent version of the North Carolina Sediment and Erosion Control M
shall be maintained on all construction sites, borrow sites, and waste Pile the most
including contractor-owned or leased borrow anual. The devices
projects,
Sufficient materials pits associated with the project.
c required for stabilization and/or repair of erosion control measures
stormwater routing and treatment shall be on site at all times.
and
4. Sediment and Erosion Control Measures
approval from the Divi p
Sediment and erosion control measures shall not be lace d in wetlands or waters without prior
sion. If placement of sediment and erosion
waters is unavoidable, design and placement of temporary
conducted in a manner that may result in dis-equilibrium of control devices in wetlands and
adjacent to or upstream and down stream of the t erosion control measures shall not be
devices shall be removed and the natural grade restored wetlands or stream beds ro banks,
Division of Land Resources or locally delegated above structures. All sediment and erosion control
within two (2) months of he date that the
5. Protective Fencing program has released the project;
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly
(or similar high visibility material) for the areas that have been marked approved with to orange infringe warning
fencing
buffer, wetland or water prior to any land disturbin acti
the
Certificate of Completion g V1ties;
6
Upon completion of all work a
l
Buffer Rules and any l
subs
ompletion work approved within he 401 Water Quality Ce
certificate of ,c to the n401 t Ove icatio s, res rti to f-
Division of he app
return the a
Review Permitting licant is required e attached
Water Quality, 1650 Mail Service Center, sRaleigh, NC 2769Unit, North Carolina
699-1650.
Poll Brothers, Inc.
Page 3 of 3
September 17, 2008
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. 15013.
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 213 .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sin rel ,
oleen H. Sullins
CHS/gym
Enclosures: GC3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Debbie Edwards, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 081156Lot l 5TheEstatesAtOldeCarpenter(Wake)401_NBR_Revised