20090105 Ver 1_Approval Letter_20090225

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North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Sears Farm, LLC
Attn: Mr. William Sears
1142 Executive Circle, Suite D
Cary, NC 27511
DWQ EXP No. 09-0105
Wake County
February 25, 2009
Subject Property: Searstone (PIN: 0744623322)
Turkey Creek [030402, 27-33-2, C, NSW]
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate
with Additional Conditions
Dear Mr. Sears:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 480 ft2 of Zone 1 and 787 ftZ of Zone 2 of the protected riparian buffers for the
purpose of constructing the proposed sanitary sewer connections at the subject property as described
within your application dated February 12, 2009 and received by the Division of Water Quality on
February 12, 2009. 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 certificate 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 480 (square ft.) February 12, 2009 PCN page 5 of 10
Zone 2 Buffers 787 (square ft.) February 12, 2009 PCN page 5 of 10
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: http://h2o.enr,state.nc.us/ncwetiands/
NorthCarolina
?aturallr?
An Equal Opportunity 1 Affirmative Action Employer
Sears Farm, LLC
Page 2 of 3
February 25, 2009
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.
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. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B.0233(5)
In an effort to comply with the diffuse flow provisions of the Buffer Rule (15A NCAC 02B
.0233(5)), you have provided the DWQ with level spreader designs and pipe outlet plunge pools
on plan sheets dated September 19, 2008, and approved by Town of Cary on September 22, 2008
and October 22, 2008, with subsequent revisions received by DWQ on February 18, 2009 and
February 24, 2009. The DWQ believes that, if implemented as per the final plans, diffuse flow
will be achieved. However, if diffuse flow as per 15A NCAC 02B .0233(5) is not achieved, then
the DWQ shall be notified and corrective actions to restore diffuse flow shall be taken if
necessary to impede the formation of erosion gullies. At no time shall stormwater from the
proposed development be piped directly through the buffer without prior DWQ written
authorization.
Sears Farm, LLC
Page 3 of 3
February 25, 2009
The Operation & Maintenance (O&M) agreement(s) for the proposed level spreaders signed by
Mr. William Sears on October 23, 2008 must transfer with the sale of the land or transfer of
responsibility for the stormwater facilities. DWQ must be notified promptly of every transfer.
6. 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.
7. Certificate of Completion
Upon completion of all work approved within this authorization, 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.
8. 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 of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
401 /Wetlands Unit web site at: http://h2o.enr.state.nc.us/ncwetiands. The text of the sample deed
notification may be modified as appropriate to suit to this project.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 Authorization Certificate
shall expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0233. If you have any questions, please telephone Lia Myott Gilleski at 919-733-1786. This letter does
not authorize any impacts to either Waters of the United States or Waters of the State. Please contact the
US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are
proposed to either of these waters.
7 Sincer y,
`Coleen H. Sullins
CHS/cbk/lmg
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
DLR Raleigh Regional Office
Debbie Edwards, S&EC, PA, 11010 Raven Ridge Rd., Raleigh, NC 27614
Filename: 090105 SearstoneSD(Wake)NBRAuth.doe