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Home My WebLink About20061042 Ver 3_Approval Letter_20120203A�A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld PE Dee Freeman Governor Director Secretary February 3 2012 K Scott Phillips Hearthstone Multi Asset Entity B LP 4509 Creedmoor Road Suite 200 Raleigh NC 27612 DWQ Project # 06 -1042 v 3 Wake County Subject Property Ashton Hall Subdivision — Phases 3 & 4 UT to Little Lick Creek [030401 27 9 (0 5) WS IV NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B 0233) with Additional Conditions Dear Mr Phillips You have our approval in accordance with the attached conditions and those listed below to fill or otherwise impact 0 21 acre of 404 wetland 104 linear feet of intermittent stream channel (permanent impacts) 7 014 square feet of Zone 1 Neuse River basin protected riparian buffer (permanent impacts) and 4 416 square feet of Zone 2 Neuse basin protected riparian buffer (permanent impacts) for a residential subdivision as described in your application received by the Division of Water Quality (DWQ) on August 11 201 I(August 9 2011) and additional information received on October 21 2011 (dated October 20 2011) December 1 2011 (dated December 1 2011) and January 12 2012 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 (USAGE) This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 0233 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 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 protect (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 North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 -4200 Internet www ncwaterquality org 1628 Mad Service Center Raleigh NC 27699 1628 FAX (919) 788 7159 An Equal Opportunity/Affirmative Action Employer— 501 Recycled /10 / Post Consumer Paper One Nor hCarolina — X&ra!!y Customer Service 877 623 6748 Page 2 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 and/or temporary impacts Type of Impact Amount Approved nits Plan Location or Reference 404 Wetland 0 21 acre temporary impact PCN page 5 of 1 I Stream intermittent 104 lmear feet permanent impact PCN page 5 of 11 Buffers Zone 1 7 014 (square ft temporary impact PCN page 6 of 11 Buffers Zone 2 4 416 (square ft temporary impact PCN page 6 of 11 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) protects including contractor owned or leased borrow pits associated with the protect 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 protect Diffuse flow plan approval The diffuse flow plan approved by this office consists of three level spreaders and engineered vegetated filter strips and all associated stormwater conveyances the grading and drainage patterns depicted on plan sheets dated October 20 2011 and received by the DWQ on December 1 2011 No changes to the level spreader engineered filter strip shall be made without written authorization from either the DWQ The diffuse flow devices shall have maintenance access and at least a 10 foot drainage easement on each side Page 3 to allow for the ability to maintain the structures and to perform corrective actions The stormwater easements shall be recorded to provide protection of the structures from potential alterations by future property owners The approved diffuse flow must be maintained in perpetuity in accordance with LS VFS operation and maintenance (O & M) agreements signed by Mr Todd Schermerhorn on November 30 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 6 Stormwater Management Plan (SMP) Approval Required Please provide one copy of the approved SMP including plan details on full sized plan sheets with proof of the City of Durham s approval The approved SMP must be submitted to the DWQ WeBSCaPe Unit before any impacts authorized in this certification occur The following requirements also apply • The approved SMP must be constructed and operational before any permanent building or other structure is occupied at the site • The approved SMP as well as drainage patterns must be maintained in perpetuity • The SMP may not be modified without prior written authorization from the City of Durham A copy of the approval letter and the modified SMP must be submitted to the DWQ WeBSCaPe Unit prior to the commencement of the modifications 7 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 2H Section 0500 8 Notification of Project Commencement Please notify DWQ (c /o Lauren Witherspoon at (919) 791 4251 or lauren witherspoon ,ncdenr gov) of the proposed start date of the protect 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 Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) 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 Page 4 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 (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 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 and the Neuse River basin riparian buffer protection rule as described within 15A NCAC 2B 0233 If you have any questions please telephone Lauren Witherspoon at 919 791 4251 I ely Enclosures GC 3821 Certificate of Completion cc DWQ Central Office — WeBSCaPe — RRO File Copy Troy Beasley — Withers and Ravenel Danny Smith Surface Water Protection Section Supervisor Raleigh Regional Office 1650 Mail Service Center 1410 Commonwealth Drive Suite 101 Wilmington NC 28403 Filename 06 1042 v 3—Ashton Hall Subdivision Phases 3 and 4 401_NBR_Approval