20090312 Ver 2_Approval Letter_20090512

F-KWA
M
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 12, 2009
Wake County
Attn: Mr. Phillip D. Stout
336 Fayetteville Street
Raleigh, NC 27602
Project Name: Wake County Continuum of Care, Raleigh, NC
Crabtree Creek [030402, 27-33-(l0), C, NSW]
Wake County
DWQ EXP#: 09-0312v2
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate
with Additional Conditions
Dear Mr. Stout:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 600 ft2 of Zone 1 and 400 ft2 of Zone 2 of the protected riparian buffers for the
purpose of constructing the proposed mental health medical treatment facility as described within your
application dated May 08, 2009 and received by the Division of Water Quality on May 11, 2009 with
revisions received on May 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 600 (square ft.) May 12, 2009 PCN a e 5 of 10
Zone 2 Buffers 400 (square ft. May 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/ncwetlands/
NorthCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Wake County
Page 2 of 3
May 12, 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.
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.
No Sediment & Erosion Control Measures within 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 a stormwater wetland (with direct discharge to the
stream) on plan sheets dated May 8, 2009 with revisions received on May 12, 2009. The DWQ
believes that, if implemented as per the final plans, the diffuse flow requirement will be achieved.
At no time shall stormwater from other areas of the proposed development be piped directly
through the buffer without prior DWQ written authorization.
The Operation & Maintenance (O&M) agreement(s) for the proposed stormwater wetland signed
by Mr. David Goodwin on May 12, 2009 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.
Wake County
Page 3 of 3
May 12, 2009
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.
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/ncwetlands. 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.
CHS/cbk/lmg
Enclosures: Certificate of Completion
Si erely,
CH. Sullins
ya--7-4
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
DLR Raleigh Regional Office
Mr. Jason Kennedy, CLH Design, P.A., 400 Regency Forest Dr., Ste 120, Cary, NC 27518
Filename: 090312v2 WakeCountyContinuumofCare(W ake)NBRAuth.doc