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Home My WebLink About20091162 Ver 2_Approval Letter_20130715A4;-� NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A Reeder John E Skvarla, III Governor Acting Director Secretary July 15, 2013 DWQ # 09- 1162v2 Wake County Wayne Timberlake 6827 Knightdale Blvd Knightdale, NC 27545 -8831 Subject- APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 0213 .0233) WITH ADDITIONAL CONDITIONS Duckview Creek Crossing Dear Mr Timberlake You have our approval for the Impacts listed below for the purpose described in your application dated April 10, 2013 and received by the Division of Water Quality (Division) on April 16, 2013 These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below This certification Is associated with the use of Nationwide Permit Number 29 once It Is Issued to you by the U S Army Corps of Engineers Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations This approval requires you to follow the conditions listed In the enclosed certification and the following additional conditions The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and /or Buffer Rules are met No other Impacts are approved, including incidental impacts Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) 1650 Mail Service Center, Raleigh North Carolina 27699 -1650 Phone 919 -807 -6301 V FAX 919-807 -6494 Internet http //portal ncdenr org /web /wq /ws An Equal Opportunity 1 Affirmative Action Employer Duckview Creek Crossing DWQ# 09- 1162v2 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 141 (linear feet) 0 (linear feet) Buffers —Zone 1 9,395 (square feet) 0 (square feet) Site 1 Buffers — Zone 2 3,813 (square feet) 0 (square feet) Site 1 Buffers — Zone 1 0 (square feet) 0 (square feet) Site 2 Buffers — Zone 2 2,013 (square feet) 0 (square feet) Site 2 Diffuse Flow Plan Approval by the Division The Division approves the diffuse flow plan consisting of two level spreaders and all associated stormwater conveyances, inlet and outlet structures, and the grading and drainage patterns depicted on plan sheets dated June 10, 2013, which are incorporated by reference and are enforceable by the Division The following conditions also apply a) The maximum allowable drainage area for Level Spreader 1 shall be 33,184 square feet and the maximum allowable built -upon area within that drainage area shall be 13,684 square feet The maximum allowable drainage area for Level Spreader 2 shall be 26,550 square feet and the maximum allowable built -upon area within that drainage area shall be 16,438 square feet Any changes to these maximum areas shall require the applicant to submit and receive approval for a revised stormwater management plan by the Division b) The footprint of all diffuse flow devices as well as an additional 10 -foot wide area on all sides of the devices shall be located in either public rights -of -way, dedicated common areas or recorded easement areas The final plats for the project showing all such rights -of -way, common areas and easement areas shall be in accordance with the approved plans c) The approved diffuse flow plan shall be constructed and operational before any permanent building or other structure is occupied at the site d) The diffuse flow plan may not be modified without prior written authorization from the Division A copy of the approval letter and the modified SMP shall be submitted to the DWQ Webscape Unit prior to the commencement of the modifications e) Maintenance activities for the level spreaders shall be performed in accordance with the notarized 0 &M agreements signed by Mr Wayne Timberlake (Owner, developer)) on December 21, 2009 The 0 &M agreement shall transfer with the sale of the land or transfer of ownership /responsibility for the BMP facility The Division shall be notified promptly of every transfer Duckview Creek Crossing DWQ# 09- 1162v2 401 AND BUFFER APPROVAL Page 3 of 4 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 Protective Fencin 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 This approval is for the purpose and design described in your application The plans and specifications for this project are incorporated by reference as part of the Certification and Buffer Authorization If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions 5 This approval and its conditions are final and binding unless contested This Certification and Buffer Authorization 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 (hereby known as OAH) A petition form may be obtained from the OAH at http / /www ncoah com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8 OOam and 5 OOpm, excluding official state holidays) The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission Mailing address for the OAH If sending by First Class Mail If sending via delivery service via the US Postal Service (e g UPS, FedEx) Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 Duckview Creek Crossing DWQ# 09- 1162v2 401 AND BUFFER APPROVAL Raleigh, NC 27609 -6285 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 Please send one (1) copy of the petition to DWQ If sending by First Class Mail via the US Postal Service Karen Higgins NC DENR -DWQ— Webscape Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If sending via delivery service (e g UPS, FedEx) Karen Higgins NC DENR -DWQ— Webscape Unit 512 N Salisbury Street Raleigh, NC 27604 Page 4 of 4 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B 0233 Please contact Chern Smith at 919 - 791 -4251 or cherri smith @ncdenr gov if you have any questions or concerns t annly, e Smi , /Supervisor Surface Water Protection — Raleigh Regional Office Enclosures GC 3890 cc U S Army Corps of Engineers, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, St 105, Wake Forest, NC 27597 Steven Stokes, KCI Associates of NC, Landmark Center II, 4601 Six Forks Road, Suite 220, Raleigh, NC 27609 DWQ RRO 401 files