20071481 Ver 5_Approval Letter_20080918

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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 18, 2008
DWQ Project # 07-1481v5
Wake County
Town of Apex
Attn: Mr. Bruce Radford
PO Box 250
Apex, NC 27502
Subject Property: Thales Academy Outfall, Apex, NC
Ut to Williams Creek [030402, 27-43-2, WSIII, NSW]
Isolated Wetland General Permit and Authorization Certificate per the Neuse River Buffer
Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Radford:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 851 square feet (ft) of protected Zone 1 Neuse River basin
riparian buffer and 3,617 square feet (ft) of protected Zone 2 Neuse River basin riparian buffer
and 0.021 acres of isolated wetlands, as described in your application dated August 4, 2008, and
received by the Division of Water Quality (DWQ) on August 7, 2008, to construct the proposed
sewer outfall at the subject property. After reviewing your application, we have decided that the
isolated wetland impact is covered by the State General Permit for Impacts to Isolated Wetlands
and Isolated Waters (IWGP100000). Also, 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. The authorization to proceed with your
proposed impacts to Isolated Wetlands as depicted in your application and as authorized
by this Permit, shall expire upon expiration of IWGP100000 (October 30, 2008) or unless
otherwise rescinded by the Director of the Division of Water Quality.
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.
Non` Carolina
401 Oversight/Express Review Permitting Unit Ntyralttm
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/ncwetlalids
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Town of Apex
Page 2 of 4
September 18, 2008
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:
Type of Impact Amount Approved Units Plan Location or Reference
Isolated Wetland 0.021 (acres) PCN a e 4 of 10
Buffer -Zone 1 851 (square ft.) PCN page 8 of 10
Buffer - Zone 2 3,617 (square ft:) PCN page 8 of 10
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;
i own of Apex
Page 3 of 4
September 18, 2008
5. 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 to
ensure compliance with 15A NCAC 2B .0233;
6. Diffuse Flow (No Further Review)
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that it
will not re-concentrate before discharging into a stream as identified within 15A NCAC
2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities
that are considered to remove nitrogen. This may require additional approval from this
Office.
7. 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 as depicted in your application and as authorized by this Certification, shall expire
within five years from the date of this Authorization Certificate.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or buffer 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.
This letter completes the review of the Division of Water Quality under the Isolated Wetland
Rules (IWP100000) and the Neuse riparian buffer protection rule as described within 15A
Town of Apex
Page 4 of 4
September 18, 2008
NCAC 2B .0233. If you have any questions, please telephone Amy Chapman or Ian McMillan
at 919-733-1786.
CHS/ijm/asc
Enclosures: IWGP 100000 .
Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 071481 v5ThalesAcademyOutfall(Wake)401_NBR_I W