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Home My WebLink About20121051 Ver 1_Approval Letter_20121221Ail/ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary December 21, 2012 DWQ # 12 -1051 Wake County Colvin Park, LLC Attn: Matt Kirkpatrick 3715 Bridgeton Park Drive Raleigh, NC 27612 Subject Property: Approval of 401 Water Quality Certification Colvin Park Dear Mr. Kirkpatrick: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise permanently impact 0.142 acres of wetlands and temporarily impact 0.076 acres of wetlands, as described within your application received by the N.C. Division of Water Quality (Division) on November 9, 2012 with additional information received December 6, 2012. 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 The Additional Conditions of the Certification are: Wetlands, Buffers, Stomiwater, Compliance and Pernitling Unit (Webscape) 1650 Mail Service Center, Ralegh, North Carolina 27699 -1650 Phone: 919-807 -63001 FAX: 919. 807 -6494 Internet httpJ /portal.ncdenr.oMtweblwglws An Equal opportunity 1 Affirmative Action Employer Colvin Park Y,w IF Page 2 of 3 December 21, 2012 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 0.142 (acres) PCN pg 5 of it Wetland —temporary 0.076 (acres) PCN pg 5 of 11 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 021-1.0500. 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 Apex'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 Apex. 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. 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: // portal .ncdenr.orpJweb /wa /swp /ws/ 401 /certsandr)ermits /apply /forms. The text of the sample deed notification may be modified as appropriate to suit to this project. 5. 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: / /portal.ncdenr.org/ web /wq/swp /ws/ 401 /certsandpermits /apply /forms). A^,. Colvin Park Page 3 of 3 December 21, 2012 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, 4i / lJt;A Karen Higgins, Supervisor Wetlands, Buffers, Stormwater — Compliance & Permitting Unit Enclosures: GC3890 cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District DWQ RRO 401 files Deborah Edwards, Soil & Environmental Consultants, PA, 11010 Raven Ridge Road, Raleigh, NC 27614 File Copy Filename: 121051ColvinPark(Wake)_401.docx