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Home My WebLink About20120348 Ver 1_Approval Letter_20121129Beverly Eaves Perdue Governor ASIL'Alk MC ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Cnuck Wakild, P E Director November 29, 2012 BH Marquee Station, LLC Attn: Wayne Hightower 111 Cloister St., Suite 114 Chapel Hill, NC 27514 Subject: Approval of 401 Water Quality Certification Marquee Station Dear Mr. Hightower: Dee Freeman Secretary DWQ Project # 12 -0348 Wake County FILE. 'COPY You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise permanently impact 0.21 acres of wetlands and temporarily impact 0.12 acres of wetlands, as described within your application, received by the N.C. Division of Water Quality (Division) on April 9, 2012, with additional information received on September 4, 2012, October 9, 2012 and November 7, 2012. After reviewing your application, we have decided that 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). 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. Additional Conditions of Certification: 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: Type of Impact Amount Approved (Units) Plan Location or Reference Wetland — permanent 0.21 (acres) PCN pg 4 of 10 Wetland —temporary 0.12 (acres) PCN pg 4 of 10 Marquee Station " Page 2 of 3 November 29, 2012 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 The SMP approved by the DWQ consists of one (1) bioretention cell and all associated stormwater conveyances, inlet and outlet strictures, and the grading and drainage patterns depicted on plan sheets dated October 8, 2012. The plans and specifications approved by DWQ are incorporated by reference into this approval and are enforceable by DWQ provided however that any modification of the design for the stormwater management system that is accepted by DWQ shall take precedence over the original plans and specifications. In addition, the following conditions shall apply: • The maximum allowable drainage area for the approved bioretention area shall be 104,544square feet and the maximum allowable built -upon area within that drainage area shall be 67,953 square feet. Any changes to these maximum areas shall require the applicant to submit and receive approval for a revised stormwater management plan by the DWQ. • The footprint of all stormwater devices as well as an additional 10 -foot wide area on all sides of the devices shall be located in either public rights -of -way, dedicated common areas or recorded easement areas. The final plats for the project showing all such rights -of -way, common areas and easement areas shall be in accordance with the approved plans. • Maintenance activities for the bioretention area shall be performed in accordance with the notarized 0 &M agreements signed by Mr. Ronald A. Strem on August 22, 2012. The 0 &M agreement must transfer with the sale of the land or transfer of ownership /responsibility for the BMP facility. DWQ must be notified promptly of every transfer. 4. 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•/ /portal 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 1508 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:OOam and S:OOpm, 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. r -•�J Marquee Station Page 3 of 3 November 29, 2012 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 Andy Kiley — SEPI Engineering and Construction, Inc., 1025 Wade Ave., Raleigh, NC 27605 File Copy Filename: 120348Ma rq uee5tation(W a ke)401_Approve.docx