HomeMy WebLinkAbout20111062 Ver 1_Approval Letter_20120312NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklid PE Dee Freeman
Governor Director Secretary
March 12 2012
DWQ Project # 11 1062
Wake County
La Scala Associates LLC
Attn Daryl Cady
123 S White Street
Wake Forest NC 27587
Subject Property Villagio at La Scala Apartment Site
UT to Smith Creek [030402 27 23 (2) C NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer
Protection Rules (15A NCAC 2B 0233)
Dear Sir or Madam
You have our approval in accordance with the attached conditions and those listed below to fill or otherwise
impact 0 046 acre of 404 wetland (permanent impacts) 97 linear feet of perennial stream channel (permanent
impacts) 5 771 square feet of Zone 1 Neuse River basin protected riparian buffer (permanent impacts) 3 960
square feet of Zone 2 Neuse basin protected riparian buffer (permanent impacts) 220 square feet of Zone 1 Neuse
River basin protected riparian buffer (temporary impacts) and 502 square feet of Zone 2 Neuse River basin
protected riparian buffer (temporary impacts) for a multi family housing development as described in your
application received dated December 6 2011 and received by the Division of Water Quality (DWQ) on December
6 2011 and additional information dated February 16 2012 and received by DWQ on February 16 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 (USACE) This letter shall also act as your approved Authorization Certificate
for impacts to the protected riparian buffers per 15A NCAC 26 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shall expire upon expiration of the 404 Permit or unless otherwise rescinded by the Director of the Division
of Water Quality
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 it the property is sold the new owner
mast be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions it total tills 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
North Carolina Division of Water Quality
Internet www ncwaterquality org
NorthCarolma
Raleigh Regional Office Surface Water Protection Phone (919) 791 4200 Customer Service
1628 Mad Service Center Raleigh NC 27699 1628 FAX (919) 788 7159 877 623 6748
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper
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 beneral 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 Units
Plan Location or Reference
404 Wetland
0 046 (acre) perrnanent impact
PCN page 5 of 14 revised 2/16/12
Stream perennial
97 linear feet permanent impact
PCN page 5 of 14 revised 2/16/12
Buffers Zone 1
5 771 (square ft ermanent impact
PCN page 7 of 14 revised 2/16/12
Buffers Zone 2
3 960 (square ft) permanent impact
PCN page 7 of 14 revised 2/16/12
Buffers Zone 1
220 (square ft ) temporary impact
PCN page 7 of 14 revised 2/16/12
Buffers Zone 2
502 (square ft ) temporary impact
PCN page 7 of 14 revised 2/16/12
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
Page 3
5 Stormwater Management Plan (SMP) Approval Required
Please provide one copy of the approved SMP including plan details on tull sized plan sheets with proof
of the Town of Wake Forest 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 budding 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 Town of Wake Forest 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
6 Diffuse Flow Plan Approval Required
Per the requirements of the Neuse Riparian Buffer Rule all stormwater drainage from this site must be
discharged through either a correctly designed level spreader or a BMP that provides appropriate control
of sediment and nutrients (a minimum of 30% removal of TN and TP) If the stormwater management
plan approved by the Town of Wake Forest per Item (5) above meets the nutrient control requirement
then no further action is required Otherwise please provide a level spreader — vegetated filters strip (LS
VFS) at each stormwater discharge point for review by the DWQ The LS VFS must meet the design
requirements in Chapter 8 of the North Carolina Stormwater BMP Manual available at
httpHportal ncdenr org/web/wq/ws/su/bmp manual Please provide one Level Spreader Supplement
Form for each proposed level spreader available at http //portal ncdenr org/web/wq/ws/su/bmp manual
Please include the Required Items checklist and all items listed therein The DWQ WeBSCaPe Unit must
approve the diffuse flow plan before any new stormwater conveyances are discharged through the
protected Neuse Riparian Buffer
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 (Lauren Witherspoon at (919) 791 4251 or lauren witherspoongncdenr gov) of the
proposed start date of the project
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 inay result in revocation of this Certitcation and may result in
criminal and /or civil penalties The authorization to proceed with your proposed impacts or to conduct impacts to
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waters and riparian buffers as depicted in your application and as authorized by this Certitcation shall expire
upon expiration of the 404 or unless otherwise rescinded by the Director of the Division of Water Quality
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 tiled 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 (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
S cerely
Danny Smith
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures GC 3821
Certificate of Completion
cc USACE Raleigh Regulatory Field Office
DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
Debbie Edwards — S &EC 1 1010 Raven Ridge Road Raleigh NC 27614
I ilc,name 11 1062_Vili -igio at La Scala ApartMLnts_401_NBR_Approval