20061151 Ver 3_Approval Letter_20101208

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 8, 2010
DWQ Project # 06-1151, Ver. 3
Wake County
CJS Apex Assemblage, LLC Prince Holdings, LLC Kerr Properties, LLC
7000 Six Forks Road, Suite 115 911 South Salem Street 2321 Blue Ridge Road, Suite 101
Raleigh, NC 27609 Apex, NC 27502 Raleigh, NC 27615
Subject Property: Salem Village Subdivision and Apex Peakway Phase 1 and Phase 2a
Big Branch [030607, 18-7-6-1, C, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Sir or Madam:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.35 acres of 404/wetland (0.293 acres permanent impact and 0.057 acres
temporary impact), and 192 linear feet of perennial stream (148 linear feet permanent impact and 44
linear feet temporary impact) and 148 linear feet intermittent stream impact (121 linear permanent impact
and 27 linear feet temporary impact), as described in your revised application dated October 22, 2010,
and received by the Division of Water Quality (DWQ) on October 22, 2010, with additional information
received on November 5, 2010, and December 3, 2010, associated with construction of the proposed
Salem Village subdivision and the segment of Apex Peakway from Tingen Road to Salem Street at the
site. After reviewing your application, we have decided that the impacts are covered by General Water
.Quality Certification Number(s) 3821 (GC3821). The Certification(s) allows you to use Nationwide
Permit(s) NW29 when issued by the US Army Corps of Engineers (USACE). 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.
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:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX: [phone]
Internet: http:!/portal.ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
CJS Apex Assemblage, LLC, Prince Holdings, LLC and Kerr Properties, LLC
Page 2 of 5
December 8, 2010
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.35[ (acres) 0.293 acres PCN application page 5 of 12
permanent impact and 0.057
acres temporary impact]
Stream - perennial 192 [(linear feet) 148 linear feet PCN application page 5 of 12
permanent impact and 44 linear
feet temporary impact]
Stream - intermittent 148 (linear feet) 121 linear PCN application page 5 of 12
permanent impact and 27
linear feet temporary impact]
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. 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.
4. 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
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;
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;
CJS Apex Assemblage, LLC, Prince Holdings, LLC and Kerr Properties, LLC
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December 8, 2010
6. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(1650 Mail Service Center, Raleigh, North Carolina 27699-1650) within 60 days of the issuance of the
401 Water Quality Certification. Before the impacts specified in this Certification may occur, the
applicant must meet all of the provisions set forth in the document Stormwater Management Plan
(SMP) Requirements for Applicants other than the North Carolina Department of Transportation,
available at: http://portal.ncdenr.or web/w /swp/ws/401/certsandpermits/swmana eg ment
SMP approval and implementation procedures shall be as follows:
• The SMP must be approved in writing by either the 401 Oversight/Express Unit before any
impacts authorized in this certification occur. If a development is phased, then the SMP for
each future phase must approved by the 401 Oversight/Express Unit or, if the project is
subject to another state stormwater program, a copy of the approval letter and approved SMP
must be submitted before any impacts associated with that phase may occur.
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SW as well as drainage patterns must be maintained in perpetuity.
•, The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
A final, written stormwater management plan for each phase of this project shall be submitted
to the DWQ 401 Oversight/Express Permitting Unit (1650 Mail Service Center, Raleigh, North
Carolina 27699-1650) for review and approval. No land disturbance associated with any
phase may be conducted until a stormwater management clan for that phase has been
submitted to and approved by the DWO. No buildings associated with any phase may be
occupied until the stormwater management plan is constructed and operational for that phase.
In order to be approved by the DWQ, the stormwater management plan submittal must include a
BMP Supplement Form with all required items. The BMPs must be designed to treat runoff from
all impervious surfaces, including the road, and must comply with the version of the NC DENR
Stormwater BMP Manual that is in effect on the date of the submittal of the stormwater
management plan (SMP). The SMP must meet the requirements in the version of SMP
Regulations for non-DOT in effect at the time of submittal.
7. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(ho://www.ncdot.or2/doh/operationsBMP manual/download/BMP Manual pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
CJS Apex Assemblage, LLC, Prince Holdings, LLC and Kerr Properties, LLC
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December 8, 2010
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you have agreed to provide wetland mitigation for proposed wetland impacts and
wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by
the DWQ to be a suitable method to meet the mitigation requirement and additional mitigation
commitment. Until the EEP receives and clears your check (made payable to: DENR -
Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate
shall occur. The EEP should be contacted at [phone] if you have any questions
concerning payment into a restoration fund. You have 60 days from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Wetlands Restoration Fund to meet the following compensatory
mitigation requirement:
Type of Wetland Compensatory Mitigation Required River and Sub-basin Number
Stream 269 linear feet Cape Fear/03030004
9. 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.
CJS Apex Assemblage, LLC, Prince Holdings, LLC and Kerr Properties, LLC
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December 8, 2010
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.
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 Ian McMillan or Amy Chapman, at 919-733-1786.
Si rely,
Coleen H. Sullins
CHS/gym
Enclosures: GC 3821
Certificate of Completion
NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Bob Zarzecki, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
DLR Raleigh Regional Office
Filename: 0611 S 1 Ver3SalemVillageSDApexPeakwayPhaselAndPhase2a(Wake)401
N EENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 2H.0500, CJS Apex Assemblage, LLC, Prince Holdings, LLC and Kerr Properties,
LLC are authorized to place fill or otherwise impact 0.35 acres of 404/wetland (0.293 acres permanent impact and
0.057 acres temporary impact), and 192 linear feet of perennial stream (148 linear feet permanent impact and 44
linear feet temporary impact) and 148 linear feet intermittent stream impact (121 linear permanent impact and 27
linear feet temporary impact) in the Cape Fear River Basin, associated with construction of the proposed Salem
Village subdivision and the segment of Apex Peakway from Tingen Road to Salem Street at the site, which located
within the Town of Apex, in Wake County, North Carolina. All activities associated with these authorized impacts
must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME Salem Village
DWQ PROJECT #: 20061151, Ver. 3
LOCATION: Apex
COUNTY Wake
BASIN/ SUB BASIN Cape Fear/03030004
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
269 Linear Feet of Stream 269 Linear Feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 061151 Ver3SalemVillageSDApexPeakwayPhaselAndPhase2a(Wake)401_EEP
401 Oversight/Express Review Permitting Unit One
1650 Mall Service Center, Raleigh, North Carolina 27699-1650 NorthCarolina
_ J
Phone: [phone] FAX: [phone] Na1' //1J,/
Internet; httpa/ h2oh2o.encstate.nc.uslncwetlands/ `K`ra``
An Equal Opportunity 1 Affirmative Action Employer