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Home My WebLink About20201029 Ver 1_Approval Letter_20200930ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director September 30, 2020 D&N Development, LLC Attn: Daniel Brown 700 Exposition Place, Suite 131 Raleigh, NC 27615 NORTH CAROLINA Environmental Quality DWR #20-1029 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 02B .0714) WITH ADDITIONAL CONDITIONS Heritage Center Retail Dear Mr. Brown, You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on August 8, 2020 with payment received on August 24, 2020. These impacts are covered by the attached Water Quality General Certification Number 4139 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 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 and Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] and15A NCAC 02B .0611] D North Carolina Department of Environmental Quality Division of Water Resources E Q�� Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA Oepa"ment of Envi—mental Quail /`� 919.791.4200 Heritage Corner Retail DWR #20-1029 401 AND BUFFER APPROVAL Page 2 of 5 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland W1: Fill 0.240 (acres) 0 (acres) W2: Construction Access 0 (acres) 0.030 (acres) Stream S1: Road Widening 35 (linear feet) 0 (linear feet) S2: Coffer Dam & Pump Around 0 (linear feet) 40 (linear feet) Buffers - Zone 1 B1: Road Widening 3,800 (square feet) 0 (square feet) Buffers - Zone 2* B1: Road Widening 2,425 (square feet) 0 (square feet) *Grading and revegetation in Zone 2 as listed on the PCN as impacts 2 & 3 are considered deemed allowable activity and written authorization from the Division is not required. 2. Stormwater Management Plan (SMP) Approval from Local Community Required The stormwater management plan (SMP) must be approved by the Town of Wake Forest and meet the requirements of this Certification. The SMP may not be modified without prior written authorization from the Town of Wake of Wake Forest. [15A NCAC 02H 0506(b)(3)] 3. Compensatory Mitigation Using a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received a Statement of Availability letter from EBX-Neuse I, LLC Neu -Con Wetland & Stream Umbrella Mitigation Bank (EBX-Neuse I, LLC) to meet this mitigation requirement. The specific bank site to be debited will be the Willow Spring Site located in HUC 03020201. Until EBX-Neuse I, LLC receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to EBX-Neuse I, LLC to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Required Bank Sponsor River & Sub -basin Number Wetlands 0.240 (acres) EBX-Neuse I, LLC Neuse: 03020201 Heritage Corner Retail DWR #20-1029 401 AND BUFFER APPROVAL Page 3 of 5 4. The permittee shall report to the Raleigh Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .02001 including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .07141. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 5. 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)] Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks. [ 15ANCACO213. 02011 6. 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 02B .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 This Certification and Buffer Authorization can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. 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. 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). Heritage Corner Retail DWR #20-1029 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 Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 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: Paul Wojoski NC DWR-401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Paul Wojoski NC DWR-401 & Buffer Permitting Branch 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 .0714. Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or concerns. Sincerely, IDocuSig ned by: BC 9D825D4A4 D . Scott Vinson, egiona Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Heritage Corner Retail DWR #20-1029 401 AND BUFFER APPROVAL Page 5 of 5 Enclosure: GC 4139 cc: Andrew Williams, USACE Raleigh Regulatory Field Office (via email) DWR RRO 401 file DWR 401 & Buffer Permitting Unit via Laserfiche Bob Zarzecki, S&EC, PA (via email)