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Home My WebLink About20110993 Ver 1_Approval Letter_20111213��m ��e �C�� North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Blair Booth Symphony Propert�es LLC 103 Torrey P�nes Dnve Cary NC 27513 Division of Water Quality Coleen H Sullins Director December 13 2011 Sub�ect Property Woodfield Creek Apartments UT to R�chland Creek [030402 27 21 (1 5) WS N NSWJ Dee Freeman Secretary DWQ Pro�ect # 11 0993 Wake County Approval of 401 Water Qual�ty Cerhficahon and Author�zahon Cert�ficate per the Neuse Rrver Buffer Protechon Rules (15A NCAC 2B 0233) w�th Addihonal Conditions Dear S�r or Madame You have our approval m accordance w�th the attached conditions and those l�sted below to fill or otherwise impact 0 007 acre of 404 wetland (permanent impacts) 90 ltnear feet of stream channel (permanent �mpacts) 4 670 square feet of Zone 1 Neuse River basm protected r�parian buffer (permanent impacts) and 3 506 square feet of Zone 2 Neuse R�ver basin protected buffer (permanent impact) for a residential development as described m your appl�cation recetved by the Drviston of Water Qua(ity (DWQ) on November 10 2011 and addrtional �nformation received by DWQ on December 1 2011 After reviewmg your apphcation we have decided that the �mpacts are covered by General Water Qualrty Certification Number(s) 3821 (GC3821) The Certification(s) allows you to use Nationw�de Permtt(s) NW29 when issued by the US Army Corps of Eng�neers (USACE) Th�s letter shall also act as your approved Author�zation Certtficate for �mpacts to the protected r�par�an buffers per I SA NCAC 2B 0233 In add�tion you should obtam or otherw�se comply with any other requ�red federal state or local permits before you go ahead wrth your pro�ect �ncludmg (but not l�m�ted to) Erosion and Sed�ment Control and Non d�scharge regulations Also, th�s approval to proceed w�th your proposed impacts or to conduct impacts to waters as depicted �n your applicat�on shall exp�re upoa exp�ration of the 404 Perm�t This approval is for the purpose and design that you descr�bed in your applicat�on If you change your pro�ect you must not�fy us and you may be requ�red to send us a new applicatton If the property is sold the new owner must be grven a copy of this Certificat�on and approval letter and �s thereby responstble for comply�ng wrth all cond�tions If total fills for th�s pro�ect (now or m the future) eYCeed one acre of wetland or 1501inear feet of stream compensatory mitigation may be requ�red as descr�bed in 15A NCAC 2H 0506 (h) Th�s approval requ�res you to follow the cond�t�ons I�sted m t6e attached cerhficat�on and any addit�onal conditions l�sted below The Addihonal Conditions of the Certificahon are 1 tmpacts Approved No ehCarohna �QtlllYI��1J North Carolina Diwsion of Water Qual�ty Rale�gh Reg�onal Office SuAace Water Protection Phone (919) 791-4200 Customer Service Internet www ncwaterquality org 1628 Mad Service Center Raleigh NC 27699 1628 FAX (919) 788 7159 877 623 6748 An Equal Opportunity/AKrmatwe Action Employer — 50 / Recycled/10 / Post Consumer Paper Page 2 The follow�ng impacts are hereby approved as long as all of the other spec�fic and general condit�ons of th�s Certification (or Isolated Wetland Permit) are met No other impacts are approved mcluding mc�dentat and/or temporary impacts T e of Im act Amount A roved Un�ts Plan Locat�on or Reference 404 Wetland 0 007 acre) tem or im act PCN a e 5 of 13 Stream erenmal 90 Imear feet tem or �m act PCN a e 5 of 13 Buffers Zone 1 4 670 s uare ft) ermanent im act PCN a e 5 of 13 Buffers Zone 2 3 506 (square ft) permanent impact PCN naee 5 of 13 2 No Waste Spoil Sol�ds or F�ll of Any Kmd No waste spo�l sol�d� footprint of the impa mcludmg the des�gn Management Practices or rules occur or fill of any kmd shall occur tn wetlands waters or r�par�an areas beyond the :ts dep�cted m the Pre Construction Notification All construction activities mstallation operation and mamtenance of sediment and erosion control Best sha(1 be performed so that no v�olations of state water quality standazds statutes 3 Eros�on and sediment control practices must be m fu[1 compliance with all spec�fications governmg the proper des�gn installation and operation 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 �n accordance w�th the most recent version of the North Carolma Sediment and Erosion Control Plannmg and Design Manual b The design installation operation and mamtenance of the sediment and eros�on control measures must be such that they equal or exceed the requirements specified �n the most recent vers�on of the North Carolma Sediment and Erosion Control Manual The dev�ces shall be maintamed on all construction sttes borrow s�tes and waste pile (spo�l) pro�ects mcludmg contractor owned or leased borrow pits associated w�th the pro�ect c Sufficient mater�als required for stab�l�zat�on and/or repa�r of eros�on control measures and stormwater rout�ng and treatment shall be on s�te at all t�mes 4 Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed m wetlands or waters w�thout prior approval from the Division If placement of sed�ment and erosion control dev�ces in wetlands and waters is unavo�dable design and placement of temporary eros�on control measures shall not be conducted m a manner that may result m dis equ�libr�um of wetlands or stream beds or banks ad�acent to or upstream and down stream of the above structures All sed�ment and eros�on control dev�ces shall be removed and the natural grade restored withm two (2) months of the date that the Divis�on of Land Resources or locally delegated program has re(eased the pro�ect 5 Diffuse flow plan approval The diffuse flow plan approved by this office consists of one level spreader and engmeered vegetated filter stnp and all associated stormwater conveyances the grading and drainage patterns depicted on plan sheets dated November 4 2011 No changes to the level spreader engmeered filter stnp shall be made without written authonzat�on from the Division of Water Quality The diffuse flow devices shall have maintenance access and at least a 10 foot drainage Page 3 0 7 easement on each side to allow for the corrective achons The stormwater eas� structures from potential alterations by to maintain the structures and to perform shall be recorded to provide protection of the property owners The approved diffuse flow must be maintained rn perpeturry m accordance with LS VFS operation and maintenance (O & M) agr�ements signed by Blair Booth (Manager, Symphony Properties LLC) on November 4 2011 �The O& M agreements must transfer with the sale of the property or transfer of ownership/responsibility for the BMP facilities DWQ must be notified promptly of every transfer � Stormwater management plan (APPRO A copy of the stormwater management � shall be submitted to the DWQ WeBSC� may occur The stormwater managemer specificahons Also before any permane (as approved by the Town of Wake Fore stormwater practices and dramage patter mamtamed m perpeturty No changes to wrthout written authonzation from the T plan is modified, then a copy of the mod Forest shall be submitted to the DWQ W Protechve Fencmg PLAN NEEDED) �n with proof of approval by the Town of Wake Forest 'e Umt before the impacts specified m this Certification plan must mclude construction plans and t building is occupied at the subJect srte the facilrties ) shall be constructed and operational The structural � approved by the Town of Wake Forest must be �e structural stormwater practices shall be made �vn of Wake Forest If the stormwater management ied plan with proof of approval by the Town of Wake BSCaPe Unrt The outside buffer wetland or water boundary and along the construction corridor within these boundar�es approved under this author�zation shall be clearly marked w�th orange warnmg fencmg (or similar high v�s�bil�ty material) for the ar �as that have been approved to mfrmge withm the buffer wetland or water prior to any land disturbm� activ�ties to ensure compl�ance with 15 NCAC 2H Section 0500 I 8 Notificat�on of Pro�ect Commencement Please notify Lauren Wrtherspoon at (919) start date of the pro�ect 9 Certificate of Completton 1 4251 or lauren witherspoon(�a,ncdenr gov of the proposed Upon complet�on of all work approved withtri the 401 Water Quahty Certificat�on or appl�cable Buffer Rules and any subsequent mod�fications the appl�cant is requ�red to return the attached certificate of complet�on to the Wetlands Buffers Storm ater Compliance and Permitttng Unit (WeBSCaPe) North Carolma D�vision of Water Qualtty 1650 M�il Servtce Center Raleigh NC 27699 1650 Vtolations of any condrtion herein set forth may result in revocation of th�s Cert�fication and may result m crimmal and/or civil pena(t�es The authortzat�on to proceed with your proposed impacts or to conduct �mpacts to waters as dep�cted �n your appltcation and as author�zed by this Cert�fication shalt expire upon expiration of the 404 or CAMA Permrt � Page 4 If you wtsh to contest any statement �n the attached Certification you must file a pet�t�on for an admmistrat�ve hearmg You may obtam the petit�on form from the Office of Admm�strative Hearmgs You must file the petition wrth the Office of Admin�strative Hearings withm s�xty (60) days of receipt of this notice A petrtion is considered filed when rt�s received in the Office of Admin�stratrve Heanngs dunng normal office hours The Office of Admm�strative Hear�ngs accepts filmgs Monday through Fnday between the hours of 8 OOam and 5 OOpm except for official state hol�days The origmal and one (1) copy of the pet�t�on must be filed with the Office of Adm�nistrat�ve Hearmgs The pettt�on may be faxed provided the ortginal and one copy of the document is rece�ved by the Office of Adm�n�strative Hearmgs w�thtn five (5) busmess days followmg the faxed transm�ssion The mail�ng address for the Office of Administrative Hearings ts Office of Adm�nistrat�ve Heanngs 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 431 3000 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 pet�tion is filed this Certification shall be final and b�nd�ng This letter completes the review of the Div�sion of Water Quality under Section 401 of the Clean Water Act and the Neuse River basm ripanan buffer protection rule as descr�bed w�thm 15A NCAC 2B 0233 If you have any questions please telephone Lauren W�therspoon at 919 791 4251 J 5mcer y !'�'1 / d� �'7 ✓1 ✓ Danny Smith Surface Wa r Protection Sect�on Superv�sor Rale�gh R g�onal Office Enclosures GC 3821 Cert�ficate of Complet�on cc Jamte Shern — USACE Raleigh Regulatory Field Office DWQ Centrai Office — WeBSCaPe — 1650 Mail Serv�ce Center RRO F�le Copy Debbie Edwards — S&EC 1 l O 10 Raven Ridge Road Rale�gh NC 27614 Fdename 11 0993_Woodfield Creek Apartments 40l_NBR_Approval