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Home My WebLink About20091162 Ver 3_Approval Letter_20141029,A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 29, 2014 Wayne Timberlake 6827 Knightdale Blvd. Knightdale, NC 27545 -8831 John E. Skvarla, III Secretary DWR # 09 -1162 v3 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 028 .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 Resources (Division) on April 16, 2013, with additional information received on October 1, 2014 requesting a modification of the application. 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 401 Water Quality Certification and Authorization Certificate for DWR #2009 -1162 v3 replace the 401 Water Quality Certification and Buffer Authorization for DWR #2009 -1162 v2 dated July 15, 2013. The only change relates to the diffuse flow plan and the increase in the size of the each level spreader and vegetated filter strip resulting from an increase in impervious area. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. NorthCarol Natural, North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 Customer Service Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 1- 877 - 623 -6748 An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper Duckview Creek Crossing DWR# 09 -1162 v3 401 AND BUFFER APPROVAL Page 2 of 5 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 with vegetated filter strips (LS -VFS), and all associated stormwater conveyances, inlet and outlet structures, and the grading and drainage patterns depicted on plan sheets dated June 10, 2013, with the requested change information received by the Division on October 1, 2014, which are incorporated by reference and are enforceable by the Division. The following conditions also apply [15A NCAC 02H .0506(b)(5)]: a) Drainage Area 1(Lots 1 and 2) has a 36 -foot LS -VFS with a 40- square foot forebay and no bypass. Drainage Area 2 (Lots 3 and 4) has a 37 -foot LS -VFS with a 45- square foot forebay and no bypass. Any changes to these devices require the applicant to submit and receive approval for a revised stormwater management plan by the Division. [15A NCAC 02H .OS06(b)(S)] 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. [15A NCAC 02H .0506(b)(5)] c) The approved diffuse flow plan shall be constructed and operational before any permanent building or other structure is occupied at the site. [15A NCAC 02H .0506(b)(5)] 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 DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b) (5)] e) Maintenance activities for the level spreaders shall be performed in accordance with the notarized O &M agreements signed by Mr. Wayne Timberlake (Owner, developer)) on Duckview Creek Crossing DWR# 09 -1162 v3 401 AND BUFFER APPROVAL Page 3 of 5 December 21, 2009. The O &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. [15A NCAC 02H .0506(b)(5)] 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. [15A NCAC 02H .0501 and .0502] 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. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 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. [15A NCAC 02H .0501 and .0502 and 15A NCAC 02B.0233] 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 thirty (30) 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 8:00am and 5:00pm, excluding official state holidays). Duckview Creek Crossing DWR# 09 -1162 v3 401 AND BUFFER APPROVAL Page 4 of 5 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 via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: John Evans, 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 DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR -DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 -1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR -DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 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 Cherri Smith at 919 - 791 -4251 or cherri.sm if you have any questions or concerns. S ccere Danny Smith Supervisor, Water Quality Regional Operations Section Enclosure: GC 3890 Duckview Creek Crossing DWR# 09 -1162 v3 401 AND BUFFER APPROVAL Page 5 of 5 cc: Carl Simmons; CMS Engineering; 43 W. Johnson St., Ste. C; Raleigh, NC 27603 DWR RRO 401 file copy