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Home My WebLink About20051952 Ver 3_Approval Letter_20111101 � 3 �� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Governor Director Dee Freeman Secretary November 1 2011 DWQ Pro�ect# OS 1952 v 3 Wake County JVI Development II Inc Joey Ioanne 2509 Southwtnds Run Apex NC 27502 Sub�ect Property The Manors at Bella Casa Phases 5& 6 UT to Beaver Creek [030605 16 41 10 (0 5) WS IV NSW] Approval of 401 Water Qual�ty Certification w�th Addit�onal Conditions Dear Mr Ioanne You have our approval m accordance with the attached conditions and those listed below to fill or otherwise tmpact 0 01 acre of wetlands(temporary �mpacts)and 891inear feet of intermittent stream channel(permanent �mpacts)for a res�denttal community as described tn your application dated September 22 2011 received by the D�vis�on of Water Quality(DWQ)on September 26 2011 and addtt�onal mformation received on October 14 2011 October 30 2011 and October 31 2011 After rev�ewmg your appl�cat�on and addit�onal information we have dec�ded that the �mpacts are covered by General Water Qual�ty Certificatton Number(s)3821 (GC3821) The Certification(s)allows you to use Nat�onwide Permit(s)NW29 when issued by the US Army Corps of Engmeers(USACE) You should obtain or otherwise comply w�th any other requ�red federal state or local permits before you go ahead with your pro�ect mcluding(but not limited to) Eros�on and Sediment Control Non discharge regulations and Jordan buffer tmpacts Also,this approval to proceed with your proposed �mpacts or to conduct impacts to waters as depicted in your appl�cat�on shall expire upon expirat�on of the 404 Perm�t This approval is for the purpose and design that you described m your application If you change your pro�ect you must notify us and you may be required to send us a new application If the property �s sold the new owner must be given a copy of this Cert�fication and approval letter and is thereby respons�ble for comply�ng with all condittons If total fills for th�s pro�ect(now or in the future)exceed one acre of wetland or 1501inear feet of stream compensatory m�tigat�on may be required as descr�bed in 15A NCAC 2H 0506(h) This approval requires you to foilow the condihons l�sted �n the attached cert�ficat�on and any add�tional cond�tions I�sted below The Add�honal Condrt�ons of the Certification are l Impacts Approved No�ehCarolina NoRh Carolma Diwsion of Water Quality Raleigh Regional Office Surtace Water Protection Phone 91g 7g�q � �atur�r!!J Internet www ncwaterquality org 1628 Mail Service Center Raleigh NC 27699 1628 FAX (919)7gg 7�Sg 877t623 674g�ce An Equal Opportunity/Affirmative Action Employer—50/ Recycled/10/ Post Consumer Paper Page 2 � The followmg impacts are hereby approved as long as all of the other specific and general conditions of this Cert�ficat�on (or Isolated Wetland Perm�t)are met No other impacts are approved inctuding � mcidental impacts T e of Im act Amount A roved Un�ts Plan Locat�on or Reference Wetlands 0 O 1 (acre)tem or im act PCN a e 5 of 11 Stream Perenniat) 89(I�near feet) ermanent�m act PCN a�e 5 of 11 2 No Waste Spoil Sol�ds or Fill of Any Kind No waste spo�l solids or fill of any kind shall occur m wetlands waters or r�par�an areas beyond the footprmt of the impacts depicted m the Pre Construct�on Not�ficatton All construct�on act�v�ties including the destgn �nstallat�on operat�on and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water qual�ty standards statutes or rules occur 3 Eros�on and sediment control practices must be in full compliance with all specificat�ons governmg the proper design installation and operat�on and mamtenance of such Best Management Practices m order to protect surface waters standards a The erosion and sediment control measures for the proJect must be des�gned mstalled operated and mamtamed m accordance w�th the most recent vers�on of the North Carol�na Sediment and Erosion Control Planning and Design Manual b The design mstallation operat�on and mamtenance of the sed�ment and erosion control measures must be such that they equal or exceed the requtrements specified m the most recent vers�on of the North Caroima Sediment and Erosion Control Manual The devices shall be mainta�ned on all construct�on s�tes borrow sites and waste pile(spoil)pro�ects includmg contractor owned or leased borrow pits assoc�ated with the pro�ect c Sufficient mater�als required for stabilizat�on and/or repa�r of eros�on control measures and stormwater routmg and treatment shall be on site at all t�mes 4 Sed�ment and Erosion Control Measures Sedtment and eros�on control measures shall not be placed m wetlands or waters w�thout prior approval from the D�v�s�on If placement of sediment and erosion control dev�ces m wetlands and waters is unavo�dable des�gn and placement of temporary eros�on control measures shall not be conducted m a manner that may result tn d�s equil�br�um of wetlands or stream beds or banks ad�acent to or upstream and down stream of the above structures Al! sed�ment and eros�on control devices shall be removed and the natural grade restored withtn two(2) months of the date that the D�vision of Land Resources or locally delegated program has released the pro�ect 5 Written Stormwater Management Plan(Final Plan Needed for Current and Future Phases) On October 31 2011 DWQ received a copy of the Town of Apex approval letter of the SMP for the Manors at Bella Casa Phases 5 and 6 Before any �mpacts associated with this pro�ect may commence you must also prov�de the DWQ with one copy of the approved SMP includ�ng plan details calculations a copy of the signed and notar�zed Operation and Marntenance Agreement and any other relevant supporttng informatton r�, ' � Page 3 The above information shoutd be submitted to the Wetlands Buffers Stormwater Compl�ance and Permittmg Unrt(WeBSCaPe) NCDENR/Dtvision of Water Qual�ty Wetlands and Stormwater Branch 1650 Ma�l Serv�ce Center Rale�gh NC 27699 1650 The stormwater BMPs must be designed and mstalled such that they treat stormwater runoff from the proJect descr�bed m your PCN applicat�on The stormwater management fac�lit�es approved by the Town of Apex are a requirement of this 401 Water Quality Certification For the pro�ect descr�bed �n your PCN application the stormwater management facilit�es must be constructed and operational within a max�mum of 90 days of the close out of the Eros�on and Sedimentation Control Plan 6 Jordan Buffers All constructed stormwater conveyance outlets shall be d�rected and mainta�ned to flow m a diffuse manner at non eros�ve velocittes through the entire protected Jordan buffers w�thout re concentrattng per [15A NCAC 02B 0267(8)] In addit�on all new stormwater conveyance outlets shall not directly dtscharge w�thout 30%nitrogen removal and attenuated flow through the r�panan buffer per[15A NCAC 02B 0267(9)] S�nce the Town of Apex has been delegated the authonty to �mplement the Jordan Buffer Rules a d�ffuse flow pian and buffer authorizatton for all buffer�mpacts for th�s pro�ect shall be approved by the Town of Apex before any of the wetland and stream �mpacts approved herein are conducted The plan shall specify all stormwater discharge pomts plan deta�ls and calculat�ons to md�cate that dtffuse flow through the protected buffers will be achteved In addition at a mintmum the buffer author�zatton appl�cat�on shall meet the no pracitical alternahves crrter�a as defined �n 15A NCAC 02B 0267(I 1) 7 Protecttve Fencmg The outstde buffer wetland or water boundary and along the construction corridor withm these boundar�es approved under this author�zation shall be clearly marked w�th orange warntng fencmg (or similar h�gh visib�lity material) for the areas that have been approved to mfrmge w�thin the buffer wetland or water pr�or to any land d�sturbing act�vrt�es to ensure compliance with 15 NCAC 2H Section 0500 8 Certificate of Completion Upon completion of all work approved withm the 401 Water Quality Cert�fication or appl�cable Buffer Rules and any subsequent modifications the applicant is required to return the attached certificate of completion to the Wetlands Buffers Stormwater Compl�ance and Permitting Unit(WeBSCaPe) North Carohna Drvision of Water Quaitty 1650 Mail Service Center Rale�gh NC 27699 1650 V�olat�ons of any condrt�on herem set forth may result �n revocation of this Cert�fication and may result m cr�m�nal and/or civ�l penalties The author�zation to proceed w�th your proposed �mpacts or to conduct �mpacts to waters as deptcted �n your applicat�on and as authortzed by this Certification shall exp�re upon exp�rat�on of the 404 or CAMA Permrt If you wish to contest any statement m the attached Cert�ficat�on you must file a petitton for an adm�n�strative hearmg You may obtatn the pet�tion form from the Office of Administrative Hearings You must file the pet�tion with the Office of Adm�nistrative Hearmgs wrthtn s�xty(60)days of receipt of this notice A petit�on is considered filed when it ts recerved in the Office of Admm�strat�ve Hear�ngs durmg normal office hours The Office of Admmistrative Hearings accepts filings Monday through Fr�day between the hours of 8 OOam and 5 OOpm except for official state hol�days The or�g�nal and one(1)copy ofthe petit�on must be filed w�th the Office of Adm�nistrative Hear�ngs � Page 4 � The petit�on may be faxed provtded the ortginal and one copy of the document �s recetved by the Office of Admtnistrat�ve Hear�ngs w�thm five(5) business days following the fared transm�ss�on The ma�ltng address for the Office of Adm�nistrative Hearings is Office ofAdmcnistrat�ve Hear�ngs 6714 Ma�l Serv�ce Center Raletgh NC 27699 6714 Telephone (919) 431 3000 Facsim�le (919) 431 3100 A copy of the petttion must also be served on DENR as follows Ms Mary Penny Thompson General Counsel Department of Env�ronment and Natural Resources 1601 Ma�l Service Center Raleigh NC 27699 1601 Unless such a petrt�on is filed th�s Certificat�on shall be final and btnd�ng This letter completes the review of the Dtvis�on of Water Qual�ty under Section 401 of the Clean Water Act If you have any quest�ons please telephone Lauren Witherspoon at 9 4251 � incerely G2 ✓�,��-- /J�/ Danny Sm�th Surface Wat� Protect�on Section Supervisor Rale�gh Reg�onal Office Enclosures GC 3821 Certificate of Completion cc James Lastmger—USACE Raleigh Regulatory Field Office DWQ Central Office—WeBSCaPe— 1650 Mail Service Center RRO F►le Copy Jeff Harbour—Env�ronmental Servtces Inc 524 South New Hope Road Raletgh NC 27610 i'ilename OS 1952 v 3_The Manors at Betla Casa Phases 5&6_40I_Approval