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Home My WebLink About19990724 Ver 1_Complete File_199908081 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FALLS VILLAGE SHOPPING CENTER Raleigh, North Carolina Request for Variance from 15A NCAC .0233 Applicant: Agora Development, LLC 3300 Harrison Road Columbia, South Carolina 29204 g?epIL N p; (3.12000) PAU OF MM FXW 8 VICINITY MAP 116 New Edition Court Cary, North Carolina 27511 &¦ Voice: 919.462.8474 Fax: 919.462.8707 RICE & Email: MaAm@deh.com ASSOCIATES CIVIL ENGINEERING & SURVEYING June 24, 1999 Va4a?. Vl Vli:i4?a Vlll ltJ Cepartment of Environment and Natural Resources Division of `Eater Quality Variance Request Form - Neuse River Basin: Nutrient Sensitive Waters Managerne,nt Strategy Protection and Maintenance of' Riparian Areas Rule (15A NCAC .0233) NOTE.- This form maybe photocopied for use as an original. Part 1: General Information 1 _ Applicant's name (the corporation, individual, etc. who owns the project): AGo KA 'DEVEZ6 PntE,4TS L: L. C. 2. Print Owner/Signing Offic.al (person legally responsilr!e for the facility and its compliance) Name: M R. TG oa 1.J.4 ATE R Title:- Sir. Vic E - PRC-SiDE y7- Street address: 3300 t4A 1zr,1 SON lZo. 1i City, State, Zip- C c, w rw? Z ti A. SC_ 2 9 20 4 Telephone: S03 7 16 - q11 Fax: 803 790 - Sao 9- 3. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): rALLS 1/1 L I-A46 SMoPPINC, G6A17-E 4. Location of Facility Street address: foG S 3 FALLS o f AE W c R tj 4 D City, State, Zip: R A E7 604 /1l.C . Z7(,15 County: WAKE . Latitude/longitude: 35° 5-z'- 3c)" / 78 3-7'- 30 ., 5. Directions to facility from nearest major intersection (Also attach a map): 6,N TiNE c-R,y6R oF. FALLS `or' AJ_-uSC R&AD .4-1 SAnt DY FORKS Ro.4p 6. Contact person who can answer questions about the facility: Name' MR. STE,IE /?rcE Telephone: -UI 4&z-04-74 Fax: `i( 19) -4&7 - 8707 Email: r2 ??E AS S6Gl.4T'ES TELiX . 40 M 7. Requested Environmental Management Commission Hearing Date: ? u ?Y 8 199 9 Version 1: September 1998 Part2: Demonstration of. Need-for a Variance i NOTE The variance pmvision of the Neuse Riparian Area Rule allows the Environmental Management Commission to grant a variance to an affected party when the following conditions apply on a given project (a) practical drlhculdes or hardships would result from strict appliication of the rule-- (b) such c0cufties or hardships result from condrb-os which are peculiar to the property involved; and (c) the general purpose and intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if the variance were granted This part of the application is to explain how the project meets criteria (a) and (b). 1. Attach a detailed description (2-3 pages) explaining the following. • The practical difficulties or hardships that would result from strict application of the Rule- 0 How these difficulties or hardships result from conditions that are unique to the property involved- Why reconfiguring and/or reducing the built upon area to preserve a greater portion of the riparian area is not feasible on this project if economic hardship is the major consideration, then include a specific explanation of the economic.hardship and the proportion of the hardship to the entire value of the project Part 3: Water Quality Protection 1. Briefly summarize how water quality will be protected on this project Also attach a detailed narrative (1-2 pages) describing the nonstructural and structural measures that will be used for protecting water quality and reducing nitrogen inputs to surface water- _Srn1ZrA RL3tiOFF QJt_L 13E 6.4THEk //U 14 4oI-LEGTro1q. 5 T iv. A/UD. ROUTED 7-HROL)611 rv EA3 NE E LJET` /VO SEE AT-rALHEO NARRATIVE "FoR FURTHER InJFoRwt.4 Off _ T. 2_ What is the total project area in acres? 25. r2 3. Which of the following permits/approvals will be required for this project? CAMA Major Sediment/Erosion Control 401 Certification/404 Permit Variance Request Form, page 2 Version t September 1998 Part 3: Water Quality Protection, continued 4. Complete the following information for each drainage basin, if there are more than two drainage basins in the project, attach an additional sheet with the information for each basin. provided in the same format as below. Project Information Drainage Basin 1 Drainage Basin 2 Receiving stream name E C EE Receiving stream class' G /V:5 W Drainage basin area (total) 33 . Acrz eS Existing impervious area3 (totalZ) 1 14 . Z A,xES Proposed impervious area'' (totalz) ZZ . S AGES % Impervious area (on-site) 3. 2- % Impervious area (total-) impervious area' I Drainage basin 1 Drainage basin 2 On-site buildings 5.-1 &n a-s On-site streets . .4 e-F, E On-site parking ( 11. A e- R, ES On-site sidewalks A cR ES Other on-site 0. t _ 4 to-CS z -/- RES Off-site 1 •4 Ace-c- S _ .. . :kaF '? ZZ . S ?Ae-QEs .?? ' The internet site for this information is httpJ/h2o_encstate_nc.us/strmclassiatpnameu nrmi z Total means on-site plus off-site area that drains through the project a Impervious area is defined as the built-upon area including, but not limited to, buildings, parking areas, sidewalks, gravel areas, etc. ti 5. How was the off site impervious area listed above derived? TH' rnrPERd roUS -49fA LJ.4s AE G1AiFr}TE.a IN -'HE &nnpu77EP, of-w rurA FILg. , TA1F09 rVIArroAl W,4S TAXFAI FROM SURVEYS - AA1D I„MkE coorJTy TAX fA A P I nt Fo rZ -%AT-%0/4 . 6. What will be the annual nitrogen load contributed by this site after development in pounds per acre per year without structural BMPs (stormwater pond, wetland; infiltration basin, etc)? Attach a detailed plan for all proposed structural stormwater BMPs_ Drainage Size of Post-development BMP nitrogen Final nitrogen Final nitrogen basin drainage nitrogen loading rate removal loading rate loading from basin without BMPs` efftciencl (ibs/ac(yr) drainage basin (ac) (lbslaclyr) (%) (Ibs) 1 33. 11:$ 65 Co.$ 21-1 2 3 4 5 ' Attach calculations and references. 5 Attach calculations and references. Variance Request Form, page 3 Version 1: September 1998 Part 3: Water Quality Protection, continued 7• The applicable supplemental form(s) listed below must be attached for each BMP specified: Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off-Site System Supplement Form SWU-107. Underground Infiltration Trench Supplement. Form SWU-109 Innovative BMPs Supplement Part 4: Submittal Checklist A complete appplication submittal consists of the following components. Incomplete submittals will be returned to the applicant- The complete variance request submittal must be received 90 days prior to the EMC meeting at which you wish the request to be heard. Initial below to indicate that the necessary information has been provided. Applicant's Initialp Item • Original and two copies of the Variance Request Form and the attachments listed below. • A vicinity map of the project (see Part 1, Item 5) • Narrative demonstration of the need for a variance (see Part 2) . • A detailed narrative description of stormwater treatment/management (see Part 3, !tem.1) . • Ca!cuianons supporting nitrogen loading estimates (see Part 3, item 6) • -Calculations and references supporting nitrogen removal from proposed BMPs (see Part 3, Item 6) EZA • Location and details for all proposed structural stormwater BMPs.(see Part 3, Item 6) t -Three copies of the applicable Supplement Form(s) for each BMP and/or narrative, for each innovative BMP (see Part 3, Item 7) • Three copies of plans and specifications, including: 0 Development/Project name 0 Engineer and firm 0 Legend and north arrow 0 Scale (1'.=. 100'or 1'.= 50' is preferred) 0 Revision number & date 0 Mean high waterline (if applicable) 0 Dimensioned property/project boundary 0 Location map with named streets or NC State Road numbers 0 Original contours, proposed contours, spot elevations, finished boor elevations 0 Details of roads, parking, culAL&-sacs, sidewalks, and curb and gutter 0 Footprint of any proposed buildings or other structures 0 Wetlands delineated, or a note on plans that none exist 0 Existtng drainage (including off-site), drainage easements, pipe sizes, runoff calculations 0 Drainage basins delineated 0 Perennial and intermittent streams, ponds, lakes, corers and estuaries 0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries Variance Request Form, page 4 Version 1; September 1998 rct L ;Z). ula•U rItirau H-LIVr IS By your signature in Part 7 of this application, you certify that all structural stormwater best management practices required by this variance shall be located in recorded stormwater easements, that the easements will run with the land, that the-easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot Part 6: Agent Authorization if you wish to designate submittal authority to another individual or firm so that they may provide information on your behalf, please complete this section: Designated agent (individual or firm): tZ ? ?E A N r? A ss?! ArE S Mailing address: i i u n! E w E D r T! o i-4 Gou R T City, State. Zip: Ga R Y .N C. 2-7611 Telephone_ 9 ?9 '4'6-z - 4-14 Fa)c i 5) 4(oz- - 70 Email: PJLE!}SeOC-#.4TE'S (A -FIE L1X. Cc^4 Part 7: Applicants Certification 1, 7 i? 1; CAI n, ... rig-! r1? kpirili . or type naii7e of f pet-son listed in Part i, Item 2), certify that. the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the. deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: Date: Title: ATTACHMENT TO VARIANCE REQUEST Part 2: Demonstration of Need for a Variance PRACTICAL DIFFICULTIES OR HARDSHIPS The site containing the Neuse Riparian Area is a 25.2 acre tract of land, of which, 17.4 acres was developed as a shopping center in the 1970's and 7.8 acres that has remained undeveloped. It is the. intention of the developer to redevelop and provide a face lift to the existing buildings and expand the site by building new shops and a free standing retail building on the undeveloped portion of the site. The property is located in a heavily developed urban environment and the undeveloped land is irregularly shaped from a road frontage and accessibility standpoint. These two factors are unique to this property when comparing it to other undeveloped sites normally found at the periphery of urban settings. Current zoning, zoning conditions, buffer requirements, building setbacks, and the site topography also contribute to limiting development options, especially in light of the Neuse Riparian Area being located in the middle of the undeveloped portion of the property. According to zoning conditions, a 100-foot wide undisturbed buffer along the northern property line must be provided. The buffer extends a distance of 740 feet for a total of 1 .7 acres, or 22% of the undeveloped portion of the site. A separate area consisting of a perimeter band of residentially zoned land, 1.3 acres, comprises 17% of the undeveloped portion of the site. In addition, there exists approximately 0.5 acres of Neuse Riparian Area outside of the 100-foot wide buffer and the residentially zoned area, or 6% of the undeveloped portion of the site. The total unusable area is 3.5 acres, or 45% of the undeveloped portion of the site. In order for the developer to make it financially feasible to upgrade the existing shopping center it will be necessary to develop the undeveloped portion of the site, in particular a portion that is covered by a Neuse Riparian Area. Initial plans called for disturbing approximately 650 lineal feet of the Neuse Riparian Area. After meeting with DWQ Staff to review our proposed plan, we reduced the length of disturbance by more than 200 feet to substantially minimize the, affected area. In addition, the developer proposes to install and maintain an engineered wetland and storm water detention basin to remove dissolved nutrients and suspended particles. Marsh areas provided within the engineered wetland will contain plants that effectively remove urban pollutants. Extensive landscaping and buffering will be installed and will serve a dual purpose. First, to screen adjacent developed and undeveloped residential property, and second, to provide additional areas to infiltrate and cleanse storm water runoff. The site plan currently before the City of Raleigh for consideration and approval will add 184 new trees and 2074 new shrubs to the existing developed shopping center. The proposed addition to the shopping center will include 148 new trees and 1228 new shrubs. In addition, the proposed engineered wetland and storm water detention basin will treat the storm water runoff from 14.8 acres of offsite development consisting of a portion of a country club and golf course, an apartment site, and commercial sites. This commercial site cannot be feasibly developed without a variance. The east-west Neuse River buffer extends to the existing developed shopping center. Any expansion of the existing center will encroach into the buffer regardless of configuration. We have reduced the impact to buffer by reconfiguring the site and providing building walls which serve as retaining walls. This reconfiguration arose from our meeting with DWQ staff. Without the approval of the variance, neither the shopping center expansion nor the wetland/detention basin construction will occur. If the constructed wetlands are not built, then the untreated runoff from the 25.6 developed acres in the 33.4-acre watershed will continue to flow without any filtering or detention. It is the opinion' of the Engineer that the storm water quality, from a nutrient loading standpoint, to the Neuse River Buffer will be greatly enhanced. The water quality improvements that will be installed as part of the shopping center redevelopment will remove pollutants from both existing development runoff and new construction runoff. The owner of the shopping center purchased the property prior to the institution of the Neuse Riparian rules. The shopping center is in a developed portion of the city. It was reasonable for the owner to expect to be able to develop the remaining portion of the shopping center. With zoning in place and conceptual plans prepared, the owner entered into contract to sell the land for the expanded center for 1.7 million dollars. 7C The ability to expand the current center adds value to the property. Without the expansion, not only is the value of the expansion lost, but the value of the existing center is reduced. In addition, the loss in rentals from the expanded shopping center will be $1,500,00 annually. This is based on the existing square footage of shopping center being 145,120 sq. ft., the expansion yielding a new total of 249,500 sq. ft. and the cost of a shopping center rental being $15 per square foot. ATTACHMENT TO VARIANCE REQUEST • Part 3: Protection of Water Qualify Water quality at Falls Village Shopping Center will be protected by a collection system that gathers storm water and deposits the runoff in an engineered wetland. Also, intensive landscaping along the perimeter of the project limits will aid in the treatment of overland flow. The collection system utilizes existing and proposed storm structures (catch basins and drain inlets) to collect storm runoff and convey the water to the engineered wetland. The water is released into the forebay of the wetland where the velocity is reduced significantly, allowing the particulate matter to settle. The. storm runoff then meanders through the wetland and is released through an outlet structure. The treated water enters the existing City of Raleigh storm drainage system and is eventually released to Mine Creek. The wetland is designed according to the NCDENR manual; "Stormwater Best Management Practices A copy of the design is included in this application. Nitrogen compounds are found in a variety of forms in surface water. Some of the Ore compounds are not dissolved but rather adsorbed onto particulate matter. The "tortuous path" provided by the engineered wetland allows settling to occur, 85% TSS - removal, thereby reducing the n lrogen load' into the receiving body of water. Settling the particulate matter has the added effect of removing metals and nonsoluble pollutants as well. The length of the flow path and the settling time provided by the wetland will have the added benefit of increasing infiltration. The filtering action of soil and plants, and biological activities in the soil, take up a variety of nutrients as stormwater moves through the engineered wetland. For dissolved nutrients, vegetation in the engineered wetland will be the focal point of reducing inputs to surface water. The aquatic plants provide. longer contact times with pollutants, aid in the settling of particles that have pollutants adsorbed on them, and greatly increase biological uptake as they consume dissolved nutrients through the water. It is the case that the aquatic plants should be harvested periodically, usually in the autumn after the plant has died, to prevent eutrophication and algal blooms as the plant decays. . It should be of note that this project will improve water quality down stream. Prior to the construction of this wetland, storm water from this drainage area was deposited in the Neuse River Buffer directly. This project will route 33.4 acres of drainage through an engineered wetland where previously no retention, detention, storage or treatment of any kind was offered. ATTACHMENT TO VARIANCE REQUEST Part 3: Protection of Water Quality, Nitrogen Loading/ Removal Efficiency calculations Nitrogen Loading From Schueler, the Simple Method yields a N-loading rate of 11.8 Ibs/acre/year. This value is obtained from table 1-5 that is attached. The 33.4 acre drainage area has been determined to be -70% impervious. Ref: Scheuler, T.R. 1987. Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs. Publication number 87703. Metropolitan Washington Council of Governments. 275pp. Removal Efficiency Based on the published removal efficiencies, drainage basin size and percent imperviousness, the removal efficiency of the proposed engineered wetland is -55%- Ref: NCDENR composite of previous wetland studies (attached) Least Squares Regression Calculations: Basin Size %Impervious' %Removal Removal/Impervious 40 ac. 30 63, .476 16 ac 60 23 .383. 121 ac 75, 76 .987 Our Site: 33, ac 70 55 .786* *computed based on least squares regression 1.22 Chapter 1: Impacts of Urban Runoff . Table 1.5: Annual Storm Pollutant Export For Selected Values of Impervious Cover: (1) Developed from the Simple Method' LAND' SITE USE IMPERVIOUSNESS TOTAL PHOSPHORUS' TOTAL NITROGEN BOD 5-day EXTRACTABLE ZINC Tr poundslacre/year --------- ---- RURAL 0 RESIDENTIAL 5 10 0.11. 0.20 0.30 0.8 1.6 2.3 2.1 .4.0 5.8 0.02 0.03 0.04 0.01 0-01 0.02 LARGE LOT 10 SINGLE 15 FAMILY 20 0.30 0.39 0.49 2.3 3.0 3.8 5-8 7.7 9.6 0.04. 0.06 0.07 O.02 0.03 0-04 MEDIUM 20 DENSITY 25 SINGLE . 30 FAMILY 35 0.49 0.58 0.68 0.77 3.8 4.5 5.2 6..0 9.6 11.4 13.3 15.2 0.07 0.08 0.10 0.11 0.04 0.05 0.05 0.06 TOWNHOUSE 35 40 45 50 0.77 0.87 0.97 1.06 6-0 6.7 7.4 8.2 15.2 17.1 18.9 20.£8 0.11 0.12 0.14 . 0 -15 0.06 0.07 0.07 0.08 GARDEN 50 APARTMENT 55 60 1.06 1.16 „ i.c5 8.2 8.4 9-6 20.8 22.7 24.6 0:15 0.16 0-18 0-08 0.09 0 -n9 HIGH RISE, 60 LIGHT ' . . 65 COMM£RICAL/ 70 75 INDUSTRIAL 80 1.25 1.35 1.44 1.54. 1.63- 9-6 10.4 11-1 11.8 12.6 24.6 26.4 Z8.3 30.2 32.0 0.18 0.19 0.21 0.22. 0.23 0.09 0.10 0.10 0.11 0..11 HEAVY 80 colziERCIAL, 05 SHOPPING 90 CENTER 95 100 1.63 1.73 1.82 1-92 2.00 12.6 13.3 14.0 14.8 15.4 32.0 33.9 35:8 37.7 39.2 0.23 0-25 0.26 0.27 00-11 -12 0.13 0.13 ' P-40 inches, Pj=O-9, Rv=0.05+0.009(I), C=suburban values , A=1 acre . z Rural Residential: 0.25-0.50 Dwelling Units (DU Large Lot. Single Family: 1.0-1.5 DUs/acre Medium Density Single Family: 2-10 DL's/acre Townhouse and Garden Apartment: 10-20 DUs/acre )/acre 3 Thece values ara for NEW DEVELOPMENT SITES ONLY- For older urban areas, central business districts, sites with highways, or areas out- side of the Middle Atlantic' region, use a more appropriate C value in Equation L 1 (see Table 1-1). r C d N a c*? ,00 rn T d O C CO) tQ O 7 E O O O U Cf) U i ca d C1 Q O a L E VJ C T m c cc T C m s to > U C/? Q U) CL N ? dl ? U L - a c - - CD 0) T dl c U E S' N i d) w *- C O 1 U .0 C 3 O pU Q. L R U U cc 0. A L E E Cl) J 3 C Table of Contents ' Executive Summary ' Exhibit: Shopping Center Site Plan Exhibit A: Section through Site - No Variance ' Figure 1: Site Photo ' Figure 2: Site Photo Figure 3: Site Photo Figure 4: Site Photo ' Figure 5: Site Photo ' Figure 6: Site Photo Exhibit B: Section through Proposed Constructed Wetland ' Watershed Area Exhibit ' 10 year storm Hydrograph Nitrogen Loading Rate t Executive Summary Material in support of Variance Request to the Neuse River Basin: Nutrient Sensitive ' Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233) ' The purpose of the Neuse River Basin Rules is the following: The purpose of this rule shall be to protect and preserve riparian buffers in the Neuse River Basin to maintain their nutrient removal functions. 1 Our variance request is quite simple. We desire to disturb a portion of a Neuse t Riparian buffer to expand an existing shopping center. We are proposing the construction of an engineered wetland/stormwater detention facility as a portion of the shopping center expansion. After development, with the Best Management ' Practices stormwater facility constructed, the site will produce less nitrogen loading to the adjacent stream and reduce the peak flow from the site. In general, the downstream impact of the shopping center will be reduced by the expansion of the ' facility that will include engineered wetlands, stormwater detention and settlement of suspended solids. ' This improved condition is achieved because we are not only proposing to treat and detain the runoff from the expansion, but also the existing shopping center and 14.8 developed acres of off-site runoff. Currently, no stormwater facilities are in place t and the entire 33.4 acre watershed drains directly into the existing stream. ' The existing buffer is not very effective in removing nutrients and keeping sediments from entering the Neuse River. The stream does not have the hydraulic capacity to handle the stormwater discharge in a non-erosive. manner. Currently, with every ' rain, additional soil is eroded from the banks of the channel and washed into the stream. This sediment flows unchecked downstream. The buffer is sparsely vegetated and has little forest floor cover to assimilate dissolved nutrients We feel that the variance request meets the intent of 15A NCAC .0233. We are ' providing a means of facilitating nutrient removal, reducing peak discharge, and ' providing detention of stormwater to allow for removal of suspended solids. The preservation and protection of Nutrient Sensitive Waters is better served by allowing the variance with the construction of the BMP wetland than by solely preserving the ' buffer. i N . C'n TT?? G , .... z 4 Z Z 3 8 X 0 9 '.. ,b'. D °. C z N a {m m, rW4r LLj i I / N , h/ Iy `? i fpe -Ii- r ? Z O B k-j W L'J sC.D DC ZO ? 3 tJ 3 r ?d J tzi C ~ Q $ c QC Sl .?? N? ? c I. 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LU m V X(Q?? QJ W W = m ?? ?? ? ? Figure 1: Significant Erosion is already depositing sediment into stream. Bank undercutting is occurring. Trash and debris litter buffer. C t 1 r Figure 2: Existing buffer contains very little forest floor vegetation to provide nutrient uptake. Runoff from adjacent property flows directly to creek with hardly any opportunity for infiltration. 'k "E.rr Ito Y ? '.? .af'z ,.' ,. l' r ??' K'?;??'cdaR?h=•*?m'?h 4aM 5. ' y r 3 r.L 'a A. ..yam ? *."' r. ??;• ? k . ?. 4 ,.. Nod l -1 P, "a ? I I Figure 3: ' Bank undercutting is a result of present stormwater flow exceeding the natural capacity of the creek. 1 t Figure 4: Existing stormwater pipe leaving buffer • 0' 4 1 Figure 5: Condition of "natural" buffer and stream channel. I± ?eu? ?,tr "? ` ?sr `? p ? ll' ? a .7`'1v• 11 0 1' 'j- . •? ' 'fit g?'° ? ?????F 11 I •,? rfi 1 _ .'!?_ • ;?r a `_. * ?.,,> t' I, ' 4 ror 11 i Figure 6: Erosion is occurring outside of creek banks throughout the buffer. ? t' - r ^7 is `T: - 3 ` X 1 n I a a w w J J O U 0 Z T X wm W aZ =Q Xw t??U??WZ RQw WLu?- Z NIi13J?? LU5 Ow O0?UO V EI s x w 0 z W 3: n W F- 0 rly F z LL J H ? ~ Q r Zl4yJ Y O wV?, wN o ?zU?? nNp EQQwp ?(K 3 IL m IL u Q O O U D w cn 0 0 C a 2 0 Lv 2 Z 0 U w Cl) ems„ f"? }1: qq?yy i ,y. / w,J a t Y? e 7 P, ¦ m x W Q ss Lv J 4 i ? f: ? t L Ye ?f 2 i1 W '6 . x ,. E 9 S f y. l T State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 8, 1999 Wake County DWQ Project # 990724 Approval of 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Todd Walker, Senior VP Agora Developments, LLC 3300 Harrison Road Columbia, SC 29204 Dear Mr. Walker: You have our approval, in accordance with the attached conditions, to place fill material in 450 feet of streams for the purpose of renovating the Falls Village Shopping Center, as you described in your application dated July 13, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification number 3108. This Certificate allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B .033). In addition, you should get any other federal, state or local permit before you go ahead with your project including (but not limited to) Sediment and Erosion, Coastal Stormwater, Non- Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and 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 wit all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506(h). For this approval to be valid, you must follow the conditions listed in the attached Certification. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. 1. A conservation easements shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to prevent impact other than that allowed by 15A NCAC 2B .0233 (Neuse River Buffer Rules). These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. An additional condition is that a final, written stormwater management plan shall be approved by this Office before the impacts specified in this Certification occur. The stormwater management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by this Office, shall be constructed and operational, and the stormwater management plan, as approved by this Office, shall be implemented. 3. The project shall be built as authorized by a variance issued by the NC Environmental Management Commission on July 22, 1999. If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statues to the Office of Administrative Hearings, PO Box 27447, Raleigh, NC 276 1 1-7447. This Certification and its conditions are final and binding unless you ask for hearing. Division of Water Quality • Environmental Sciences Branch Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper T This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Cc: Wilmington Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office John Dorney Central Files Sincerely, ,? ' 1Kerr T. Steven 990724.Itr