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Home My WebLink About20081465 Ver 2_Approval Letter_20121204�j® MCDE R North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Phillips Place Associates, LLC Attn: Glen Futrell 9407 Barton Creek Drive Raleigh, NC 27615 Division of Water Quality Charles Wakild, P E Director December 4, 2012 Subject Property: Approval of 401 Water Quality Certification Phillips Place Townhomes Dear Mr. Futrell: Dee Freeman Secretary DWQ Project # 08 -1465 v2 Wake County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise permanently impact 145 linear feet of stream, as described within your application received by the N.C. Division of Water Quality (Division) on November 1, 2012 with additional information received November 30, 2012. This approval is in addition to the December 29, 2008 approval to impact 170 linear feet of perennial stream (150 linear feet permanent impact and 20 linear feet temporary impact). The impacts are covered by General Water Quality Certification Number(s) 3890 (GC3890), which allows you to use Nationwide Permit(s) NW29 when issued by the US Army Corps of Engineers (USACE), and this Buffer Authorization Certificate. 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, Non - discharge, and other regulations. 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 02H .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: Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (Webscape) 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone. 919 -807 -63001 FAX- 919 07 -6494 Internet: http : / /portal.ncdenr.org/webtwgtws An Equal Opportunity 1 Affirmative Action Employer Phillips Place Townhomes Page 2 of 3 December 4, 2012 Type of Impact I Amount Approved (Units) I Plan Location or Reference Stream —permanent 1 145 (linear feet) PCN pg 5 of 10 2. 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 02H .0500. 3. Stormwater Management Plan (SMP) Approval From Local Community Required You are required to provide one copy of the approved SMP, including plan details on full -sized plan sheets, with proof of the Town of Cary's approval. The approved SMP must be submitted to the DWQ Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) 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 Town of Cary 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. 4. Compensatory Mitigation Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Ecosystem Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the Division to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR — Ecosystem Enhancement Program Office), no impacts specified in this Certification shall occur. The EEP should be contacted at (919) 707 -8915 if you have any questions concerning payment into a restoration fund. For accounting purposes, this Certification authorizes payment into the Ecosystem Restoration Fund to meet the following compensatory mitigation requirement: Type of Impact Compensatory Mitigation Required River and Sub -basin Number Stream (perennial) 145 (linear feet) Cape Fear /03030002 Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit web site at: http-//oortal ncdenr.orp,/web /wo /swp /ws/ 401 /certsandpermits /apply /forms. The text of the sample deed notification may be modified as appropriate to suit to this project. Phillips Place Townhomes Page 3 of 3 December 4, 2012 6. Certificate of Completion The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWQ Webscape Unit within ten days of project completion (available at: http:Hportal.ncdenr.ore/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms). You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http: / /www.ncoah.com/ or call (919) 431- 3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: William Cary, 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. Sincerely, Karen Higgins, Supervisor Wetlands, Buffers, Stormwater — Compliance & Permitting Unit Enclosures: GC3890 cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office Troy Beasley, Withers and Ravenel, 1410 Commonwealth Drive, Suite 101, Wilmington, NC 28403 File Copy Filename: 081465v2Ph illipsPlaceTown homes(W ake)401.docx MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements Dee Freeman Secretary In accordance with 15A NCAC 02H.0500, Phillips Place Associates, LLC is authorized to place fill within or otherwise permanently impact 145 linear feet of stream, as described within their application received by the N.C. Division of Water Quality (Division) on November 1, 2012 with additional information received November 30, 2012. 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 Phillips Place Townhomes DWQ PROJECT #: 2008 -1465 v2 LOCATION: Cary COUNTY Wake BASIN/ SUB BASIN Cape Fear /03030002 As required by 15A NCAC 02H .0500, and the conditions of this Certification, you are required to compensate for the above 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: Pursuant to 143- 214.11(e): compensatory mitigation payments for wetlands shall be calculated on a per acre basis and compensatory mitigation payments for streams shall be calculated on a per linear foot basis. Impacts Mitigation 145 Linear Feet of Stream 145 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 Ecosystem Restoration Fund per G.S. 143 - 214.11. If you choose this option, sign this form and mail the form along with a copy of your 401 Water Quality Certification and /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 (919) 707 -8915 Filename: 081465v2PhillipsPlaceTownhomes (Wake)401_EEP.docx Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (Webscape) 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone- 919 - 807 -63001 FAX: 919 - 807 -6494 Internet: http: //p ortal.ncdenr.org/web/wglws An Equal Oppdrtumty 1 Affirmative Action Employer