20081063 Ver 1_Approval Letter_20081010

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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
October 10, 2008
DWQ Project # 08-1063
Wake County
Mr. Bruce Herbert
Buffalo Park, LLC
201 Shannon Oaks Circle, Suite 201
Cary, NC 27511
Subject Property: River Towne
Ut to Hodges Mill Creek [030402, 27-26-1-(2), 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. Herbert:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.538 acres of 404/wetland (0.398 acres permanent impact and 0.14 acres
temporary impact), 297 linear feet of perennial stream impact and 29,255 square feet of Zone 1 Neuse
River basin protected riparian buffers and 20,096 square feet of Zone 2 Neuse River basin protected
riparian buffers, as described in your application dated July 7, 2008, and received by the Division of
Water Quality (DWQ) on July 7, 2008, with additional information received by you on August 12, 2008,
to construct the proposed residential development at the site. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3699 (GC3699)
and 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) NW12, NW18, and
NW29, respectively, when issued by the US Army Corps of Engineers (USACE). This Certification
replaces the Certification issued to you on October 2. 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: [phone] / FAX [phone] / Internet: http://l12o.enr.state.nc.us/ncwetiands
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Buffalo Park, LLC
Page 2 of 6
October 10, 2008
Type of Impact Amount Approved Units Plan Location or Reference
Stream - perennial 297 (linear feet PCN page 6 of 15
Buffers Zone 1 29,255 (square ft.) PCN pages 10, 11, 12, 13 & 14 of 15
Buffers Zone 2 20,096 (square ft.) PCN pages 10, 11, 12, 13 & 14 of 15
* NOTE: Proposed stream crossingfor Road Impact No. 4, Impact No. 20, was not approved for impact.
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 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. 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.ncdot.org/doh/operationsBMP 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
Buffalo Park, LLC
Page 3 of 6
October 10, 2008
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
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
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 and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
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 shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
Miti ag tion:
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 90 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Stream (perennial) 297 linear feet) Neuse/03020201
Buffers Zone 1 36,279 (square feet Neuse/03020201
Buffers Zone 2 9,597 (square feet) Neuse/03020201
I. Diffuse Flow (No Review)
Buffalo Park, LLC
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October 10, 2008
All constructed stormwater conveyance outlets shall be directed and
before discharging v through the protected stream maintained
possible, it mag into a stream as identifie buffers such that it will not re as diffuse d within -concentrfiow at
nitro l y be necessary to provide sto 1 5A NCAC 2B .0233 (5). If ate rMwater g (and phosphorus if in the Tar-Pamli co River Basin). that are considered to is not
from this Office.
This may re remove
8' Sto quire additional approval
rlnwater Management P
Ian (SMP) Approval Required
Before the impacts specified in this Certification set forth in the document Stormwater
may occur
,
Applicants other th the applicant must meet all of the
htt://h2o.enr.state.nc.us/ncwetrth Cdo in Department mentPlan (SMP
T. d f partment of Transportation,Ravailab? at is for
-1? The required SMp documentation is/SMPRe uirementsforA L) I
401 Water Quality Certification to the DW ust be submitted within 60 da s oantsotherthanNCDC
Crabtree Blvd., Suite 250, Raleigh, NC, Q (401 Oversight and Express pe f the issuance of the
27604). rmittin
SMP approval and implementation g Unit, 2321
• The SMP must be a procedures shall be as follows;
is subject to pproved in writing by either the 401
1 another state sto
must be submitted before any water program oversight/Express Unit or, if the project
phased then the SMP for each future impacts
phase orized in
SMp
ph his certificatio n occur. If a development the project is subject to another approval lett er and a ed
must approved am, is state s approved ved must be submitted beforetannwater ro by the 401 Oversight/Express Unit or,
• The approved S per' a COPY of the a
SA4P P must be constructed and o
structure is occupied at the site. Ifa y impacts associated with that approval letter and
future phase must be perationaI before an Phase may occur.
constructed and development is any permanent building or other
ure associated with that phased, then the approved S
struct The a phase is occu t1edal before any pet rnanent building ooMP for e
ther ach
pproved SMP as well as drains e p
• The SMp may not be g patterns must be
h'. If the SMp falls
authori modified without prior written authorization saom t he SMP
under another state storm p rpetulty.
red
letter and the modifi commencement of the SMP must be sub water program, then a co approval
modifications. miffed to the 401 Oversight/Express Un of
ppr the
prtheior to a
9• Protective Fencing
he
The outside buffer,
boundaries wetland or water bound
approved under this authorization
(or similar high visibility
?Y and along the construction corridor within these
buffer, wetland or w, material) for the shall be clearly marked with orange
water prior to areas that have been
arning fencing
any land disturbing activities; approved to infringe
within the
Construction Storm water
Permit NCGO10000
Upon the approval of an Erosion and Sediment
Resources (DLR anon Control plan iss
NPDES General storm a DLR delegated local erosion
water e and sedimentations control e Division of Land
to the project. This General permit (NCG010000
construction activities as stipPermitb allows sto )administered by DW program, an
issued
rmwater to be discharged during land disturbing
y conditions in the land permit. If your project is covered by this
10
Buffalo Park, LLC
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October 10, 2008
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http:Ah2o.enr.state.nc.us/su/Forms_Documents.htm.
11. 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 at the time lots or properties are recorded. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands/documents/wet buf compl.pdf. The text of the sample deed
notification may be modified as appropriate to suit to this project.
12. 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.
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
Sullins
CHS/ijm
Enclosures: GC3699 and GC3705
Certificate of Completion
Buffalo Park, LLC
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October 10, 2008
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
Matt Matthews, DWQ Branch Manager
DLR Raleigh Regional Office
File Copy
Central Files
Nikki Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 081063 RiverTowne(W ake)401 _N BR_Rev ised
O W A T?9 Michael F. Easley, Governor
p William G. Ross Jr., Secretary
ot 16 y North Carolina Department of Environment and Natural Resources
r
Coleen H. Sullins, Director
O .? Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements Herbert
ion In accordance with 15A NCAC 2H.0500> acre of 04/wetland (0 398uacres perm nent, impacpt andt0 14 acres tuned
below to fill or otherwise impact 0.538 ac
temporary impact), 297 linear feet of perennial stream impact and 43,080 square feet of Zone 1 Neuse River basin
protected riparian buffers and 27,567 square ?fee residential development, which is locatedtoff Buffalof Road, , just ted
with construction of the proposed River To vities associated past Old Crews Road, in Raleigh, in Wake
listed in the attached Permitttransmittal letter.wTHISith authorized
impacts must be conducted with the conditions
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME: River Towne
DWQ PROJECT 20081063
LOCATION: Raleigh
COUNTY Wake
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for of wetlands, surface
the above ia impacts t in below restoration, conduct g any activities hat impact or degrade the waters of
waters and riparian buffers as s outlined prior to
the state.
Note: Acreage requirements pe nc increments and 1mearrfootthrethe Ecosystem Enhancement Program must be
quirem requirements mus be rounded up to the nearest
rounded to one quarter acr acr
foot according to 15 2R.0503(b).
297 Linear Feet of Perennial Stream
12,093 Square Feet Zone 1 Buffers
6.398 Square Feet Zone 2 Buffers
297 Linear Feet of Perennial Stream
36 279 Square Feet Zone 1 Buffers
9 597 Square Feet Zone 2 Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
this form. PLEASE O OUR PAYMENT HAS BEEN PROCESSED AUTHORIZE BY THE ECOSYTEM RECEIVE
NOTIFICATION ANCMENT
NOTIFICATION THAT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 081063 RiverTowne(W ake)401-NBR-EEP
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 [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/' 0% Post Consumer Paper