20061146 Ver 5_Approval Letter_20100624

A A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 24, 2010
DWQ Project # 06-1146, Ver. 5
Wake County
Morrisville Partners
c/o Mr. Tomas Lowell, Casto Lifestyle Properties
9705 Chapel Hill Road
Morrisville, NC 27560
Subject Property: Park West Village
Coles Branch [030402, 27-33-3, C, NSW]
Approval of 401 Water Quality Certification, Authorization Certificate per the Neuse River Buffer
Protection Rules (15A NCAC 2B .0233) with Additional Conditions - MODIFICATION
Dear Mr. Lowell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 149 linear feet of perennial stream (134 linear feet permanent impact and 15
linear feet temporary impact), 330 linear feet of intermittent stream (310 linear feet permanent impact and
20 linear feet temporary impact) and 33,519 square feet of Zone 1 Neuse River basin protected riparian
buffers and 24,067 square feet of Zone 2 Neuse River basin protected riparian buffers, as described in
your application dated June 25, 2008, and received by the Division of Water Quality (DWQ) on June 27,
2008, with additional information received February 12, 2008, and May 19, 2010, to construct the
proposed residential and retail development at the site. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3820 (GC3820)
and 3821 (GC3821). The Certification(s) allows you to use Nationwide Permit(s) NW 14, NW29 and
NW39 when issued by the US Army Corps of Engineers (USAGE). This Certification replaces the
Certification issued to you on July 24, 2008. This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. Additionally, this letter
shall act as your Minor Variance authorization as described within 15A NCAC 2B .0233(9)(b)., 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, and
Non-discharge regulations. Also, 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 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://podal.ncdenr.org/web/wgtws
An Equal Opportunity 1 Affirmative Action Employer
Morrisville Partners
Page 2 of 5
June 24, 2010
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. nits Plan Location or Reference
Stream - perennial 149 [(linear feet) 134 linear feet PCN (received 2/6/08) page 10 of
permanent impact and 15 linear feet 14
tem or im act
Stream - intermittent 330 [(linear feet) 310 linear feet PCN received (2/6/08) page 10 of
permanent impact and 20 linear feet 14
tem or im act]
Buffers Zone 1 33,519 (square ft.) Correspondence received 5/19/2010
Buffers Zone 2 24,067 (square ft. Correspondence received 5/19/2010
2. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to
Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious
surfaces shall be added to Zone 1, unless otherwise approved by the DWQ.
3. 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.
4. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
5. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
Morrisville Partners
Page 3 of 5
June 24, 2010
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
6. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time lots or properties are recorded. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://portal.ncdenr.org/c/document library/get file?uuid=ef84d0el-5fc9-4183-87b5-
2f9d7ebl52eO&groupId=38364 The text of the sample deed notification may be modified as
appropriate to suit to this project.
8. Deed Restrictions
Morrisville Partners (permittee) shall execute and cause to be recorded in the Wake County
Register of Deeds restrictive covenants acceptable to DWQ for the purpose of maintaining the
riparian buffers, as shown on the recorded plat, in their natural state in perpetuity, prior to the sale
or conveyance of Park West Village in Morrisville, NC. The permittee shall enforce the terms of
the restrictive covenants, and shall take no action on the subject site described in the covenants
inconsistent with the terms thereof. This requirement excludes riparian areas authorized for
impacts in accordance with this minor variance approval. The permittee shall provide a copy of
the recorded restrictive covenants to the Division of Water Quality within 15 days of recording.
9. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http •//h2o enr state. nc. us/su/Forms Documents. htm.
10. The applicant must provide documentation of the Town of Morrisville's approval of the stormwater
management plan for this project by providing EITHER:
Morrisville Partners
Page 4 of 5
June 24, 2010
• A valid approval letter from the Town of Morrisville indicating that the proposed activity has
an approved SMP and one copy of the approved SMP, including plan details, calculations and
other supporting information, OR
• A set of stormwater plan details and calculations stamped as "Approved" by the Town of
Morrisville.
11. 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;
12. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, 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.
Morrisville Partners
Page 5 of 5
June 24, 2010
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act, the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233, and the Neuse
River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B.0233(9) (b)]. If you have any
questions, please telephone Ian McMillan or Amy Chapman at 919-733-1786.
CHS/gym
Enclosures: GC 3820 and GC 3821
Certificate of Completion
Sin ely,
oleen H. Sullins
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Brian Smith, Carolina Ecosystems, Inc., 8208 Brian Court, Garner, NC 27529
Filename: 061146Ver5ParkWestVillage(Wake)401_NBR_MOD