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Home My WebLink About20071503 Ver 4_Approval Letter_20130103ATt.N ER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor KRG /PRISA II Parkside, LLC Attn: David George 30 S. Meridian Street Indianapolis, IN 46204 Charles Wakild, P.E. Director January 3, 2012 Dee Freeman Secretary DWQ # 07 -1503 v4 Wake County Subject Property: Approval of 401 Water Quality Certification Approval of General Isolated and Other Non -404 Jurisdictional Wetlands and Waters Permit with Additional Conditions Parkside Town Commons Dear Mr. George: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise permanently impact 0.08 acres of isolated /other non -404 jurisdictional wetlands, permanently impact 40 linear feet of perennial stream and permanently impact 168 linear feet of isolated /other non -404 jurisdictional intermittent stream, as described within your application received by the N.C. Division of Water Quality (Division) on November 6, 2012 with additional information received December 10, 2012. The 404 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 the isolated /other non -404 jurisdictional impacts are covered by the State General Permit for Impacts to Isolated and Other Non -404 Jurisdictional Wetlands and Waters (IWGP100000). 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 404 waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval to proceed with your proposed Impacts or to conduct impacts to isolated /other non -404 waters shall expire upon expiration of IWGP100000 (March 18, 2017). 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 Wellands, Buffers, Stormwater, Compliance and Permitting Unit (Webscape) 1650 Mail Service center, Raleigh, North Carolina 27699 -1650 Phone: 919-807t= 1 FAX 919-007-6494 Internet: http J /portal.ncdenrorgtwebhugAms An Equal Opportuhily 1 Affirmative Action Employer Parkside Town Commons Page 2 of 4 January 3, 2013 (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 and /or 15A NCAC 02H .1305. 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: Type of Impact Amount Approved Plan Location or (Units) Reference Isolated /other non -404 jurisdictional 0.08 (acres) PCN pg 8 of 17 wetlands — permanent 168 (linear feet) Cape Fear /03030002 404 jurisdictional streams 40 (linear feet) PCN pg 8 of 17 Isolated /other non -404 jurisdictional 168 (linear feet) PCN pg 8 of 17 streams 2. Mitigation Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you intend to purchase credits from the Cripple Creek Stream & Wetland Mitigation Bank and 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 Cripple Creek Stream & Wetland Mitigation Bank and EEP receives and clears your check, no impacts specified in this Certification shall occur. For accounting purposes, this Certification authorizes payment into the Cripple Creek Stream & Wetland Mitigation Bank and Ecosystem Restoration Fund to meet the following compensatory mitigation requirement: Type of Impact Compensatory Mitigation River and Sub -basin Required Number 404 jurisdictional streams 40 (linear feet) Cape Fear /03030002 Isolated /other non -404 168 (linear feet) Cape Fear /03030002 jurisdictional streams 3. 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 Parkside Town Commons Page 3 of 4 January 3, 2013 infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. 4. 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. 5. 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: / /Porta1.ncdenr.org/web /wq /swp /ws/ 401 /certsandpermits /apply /forms. The text of the sample deed notification may be modified as appropriate to suit to this project. 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: / /Porta1.ncdenr.org/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: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. Parkside Town Commons Page 4 of 4 January 3, 2013 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, S rvisor Wetlands, Buffers, Stormwater — Compliance & Permitting Unit Enclosures: GC3890, IWGP100000 cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District DWQ RRO 401 files Kevin Yates, EcoEngineering, PO Box 14005, Research Triangle Park, NC 27709 File Copy File name: 071503v4ParksideTownCommons (Wake) 401_IW.docx