20050894 Ver 2_Approval Letter_20081024

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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 24, 2008
Neuse Park Development Co., LLC
Attn: Ms. Patricia Schlecht
3515 Queen Anne Drive
Clayton, NC 27520
DWQ Project # 2005-0894v2
County: Johnston
Subject Property: Taft Hollow Subdivision (Taft Woods West) Walking Trail, Clayton
Mill Creek [030402,27-39, WIV, NSW]
AFTER-THE-FACT AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233)
Authorization Certificate
Dear Ms. Schlecht:
You have our after-the-fact authorization, in accordance with 15A NCAC 02B .0233 and any conditions
listed below, to impact approximately 850 ft2 of Zone 1 and 6,096 ft2 of Zone 2 of the protected riparian
buffers to construct the walking trail at the subject property as described within your application dated
September 26, 2008 and received by the Division of Water Quality (DWQ) on October 1, 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, Non-
discharge regulations.
This authorization 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 authorization letter and is thereby responsible for
complying with all conditions. This authorization requires you to follow the 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:
Amount Approved (Units) Plan Location or Reference
Zone 1 Buffers 850 (square ft.) Page 11 of the PCN
Zone 2 Buffers 6,096 (square ft. Page 11 of the PCN
2. Erosion & Sediment Control Practices
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] / hrtemet: http://h2o.enr.state.nc.us/ncwetlands
lie Carolina
A Ama!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Neuse Park Development Co 2 LLC
Page of 2
October 24, 2008 ecif Erosion and sediment control practices must oe e a uon and maintenance olf such Best ications
governing the proper design, installation and p
Management Practices in order to protect surface waters standards: esigne
installed, a. The erosion and sediment control measures fohehmost recent ve rion of the North Carolina
the
operated, and maintained in accordance with
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
Manal in
devices
measures must be such that they equal, or exceed, d Eros?onrContr.ols u
recent version of the North Carolina Sediment an (spoil) projects, sites, and waste pile shall be maintained on all construction sitesbo? °a sociated w h the project.
including contractor-owned or leased borrow p installed
c. For borrow pit sites, the erosion and sediment control
recent ve mon of thesig th,Carolina,
operated, and maintained in accordance with the m
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
Pollution Control Act. in
. accordance with the requirements of the Sedimentation
3. No Waste, Spoil, Solids, or Fill of Any Kind ccur
in wetl No waste, spoil, solids, or fill of any kind haln the Pre Const uction Notif?cationrl Allreas
beyond the footprint of the impacts depicted
construction activities, including the design,
be performed sot hatlnoeviolations of state
and erosion control Best Management Practices, installation,
water quality standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters ers Sediment
and erosion control measures shall not be placed in wetland n control devices without
prior approval from the Division. If placement of sediment of temporary erosion
in wetlands and waters is unavoidable, design and placement
control measures shall not,be conducted in a manner that may result in down stream of the ium of
wetlands or stream beds or banks, adjacent to or upstream and above ved an
d the
natura structures. All sediment and erosion control devices tshall be he Divisionoof Land Resour eslor
grade restored within two (2) months of the date that
locally delegated program has released the project.
5. Diffuse Flow
An additional condition is that all storrnwater shall be d nirected as diffuse flow at non-erosive
ate before discharging into
velocities through the protected stream buffers and will
the stream as identified within 15A NCAC 2B .0233(5).
6. Protective Fencing
corrido ide buffer, wetland or water boundary and along the constructioh oran erwarninghese
The outs
boundaries approved under this authorization shall be clearly marked wit
roved to infringe
fencing (or similar high visibility material) for t disturbing actvrtiespo ensure compliance
within the buffer, wetland or water prior to any land
with 15A NCAC 2B .0233.
Neuse Park Development Co, LLC
Page 2 of 2
October 24, 2008
Certificate of Completion
Upon completion of all work apr within
oved the attached certificate of completion to the 401
modifications, the applicant is required to return
oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mai
Service Center, Raleigh, NC, 27699-1650.
Director with t approved
Any disputes over determinations regarding this Authoriizatio a decision. (associated
buffer impacts) shall be referred in writing to the Director for
subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall
expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination
lease call Amy Chapman2a
.0233. If you have any questions or would like a copy of the buffer rules, p the
tates [phone]. This letter does not authorize any impacts
of Engineers `(USAGE) or NCtDivss on of Water
Waters of the State. Please contact the y /Y)
Quality (DWQ) if any impacts are proposed to either of these waters. ?
CHS/cbk/asc
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Matt Matthews
File Copy
Central Files
Filename: 050894v2TaftW oodsWest(Johnston)NBR