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Home My WebLink About20080828 Ver 2_Approval Letter_20130415,A� RCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Joseph V. lonnane JVI Construction Company 501 North Salem Street Apex, NC 27502 Division of Water Quality Charles Wakild, P. E. Director April 15, 2013 John E. Skvarla, III Secretary DWQ Project # 08- 0828v2 Wake County Subject Property: Approval of 401 Water Quality Certification with Additional Conditions Authorization Certificate per the Neuse Riparian Buffer Rules Marco Drive Extension Dear Mr. lonnane: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise permanently impact 60 linear feet of stream, 4,938 square feet of Zone 1 Neuse protected riparian buffer and 2,759 square feet of Zone 2 Neuse protected riparian buffer, and temporarily impact 22 linear feet of stream, 65 square feet of Zone 1 Neuse protected riparian buffer and 420 square feet of Zone 2 Neuse protected riparian buffer. This was described within your application received by the N.C. Division of Water Quality (Division) on September 26, 2013 with additional information received on November 5, 2012 and March 11, 2013. The impacts are covered by General Water Quality Certification Number(s) 3886 (GC3886) and this Buffer Authorization Certificate. 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, and other regulations. 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 02H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Wetlands, Buffers, Stormwater, Compliance and Permit ing Unit (Webscape) 1650 Mail service Center, Raleth, North Carolina 27699 -1650 Phone: 919-807-M 1 FAX: 919-807-6494 Internet: httpl /portal.ncdenr.org/web/wglws An Equal 00portuntly 1 Affirmative Action Employer Marco Drive Extension Page 2 of 4 April.15, 2013 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 Streams — permanent 60 (linear feet) PCN pg 4 of 10 Streams — temporary 22 (linear feet) PCN pg 4 of 10 Zone 1 Buffers — permanent 4,938 (square ft.) PCN pg 5 of 10 Zone 1 Buffers —temporary 65 (square ft.) PCN pg 5 of 10 Zone 2 Buffers — permanent 2,759 (square ft.) PCN pg 5 of 10 Zone 2 Buffers — temporary 420 (square ft.) PCN pg 5 of 10 2. Stormwater Management Plan (SMP) Approved by the Town of Apex The SMP approved by the Town of Apex consists of one level spreader and underground pipe detention system and all associated stormwater conveyances as well as the grading and drainage patterns depicted on plan sheets dated March 8, 2013. The stormwater treatment devices shall have access for maintenance and at least a 10 -foot drainage easement on each side to allow for the ability to maintain the structures and to perform corrective actions. The stormwater easements shall be recorded to provide protection of the structures from potential alterations by future property owners. The following requirements also apply: • The approved SMP must be constructed and operational before any permanent building or other structure is occupied at the site. • The approved SMP as well as drainage patterns must be maintained in perpetuity. • The SMP may not be modified without prior written authorization from the Town of Apex. A copy of the approval letter and the modified SMP must be submitted to the DWQ Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) prior to the commencement of the modifications. 3. 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 15 NCAC 02H .0500. 4. You must revegetate all disturbed areas within the buffers. If you need additional information on plantings, see Guidelines for Buffer Restoration available at: http.Hportal.ncdenr org /c /document library /get file? uuid=e46ec613-90f8-4e22-973c- 57c863afc737kroupId= 38364. Marco Drive Extension Page 3 of 4 April 15, 2013 5. Certificate of Completion The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWQ Webscape Unit within ten days of project completion (available at: http: / /Porta1.ncdenr.ore /web /wp /swp /ws /401 /certsandPerm its /apply /forms). This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http: //www.ncoah.com/ or call (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601. Unless such a petition is filed, this Certification shall be final and binding. Sincerely, �Uwi ' Karen Higgins, Supervi or Wetlands, Buffers, Stormwater — Compliance & Permitting Unit Marco Drive Extension Page 4 of 4 April 15, 2013 Enclosures: GC3886 cc: USACE Raleigh Regulatory, Field Office DWQ Raleigh Regional Office Jeff Harbor, ESI, 524 South New Hope Road, Raleigh, NC 17591 File Copy Filename: 0808282v2MarcoDriveExt(Wake)401 NBR.docx