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Home My WebLink About20041111 Ver 3_Approval Letter_20130404A F NCDET�IR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvada, III Governor Director Secretary April 4, 2013 Scott Lawrence MREC Brightleaf LTCG, LLC c/o LStar Management, LLC 140 Glenwood Ave., Suite 130 Raleigh, NC 27603 DWQ # 04 -1111 v4 Durham County Subject Property: Approval of 401 Water Quality Certification, General Permit for Isolated Wetland Impacts, and Authorization Certificate per the Neuse River Basin Riparian Buffer Protection Rules (15A NCAC 02B.0233) with Additional Conditions Brightleaf at the Park Dear Mr. Lawrence: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise permanently impact 0.146 acre of 404 wetlands and 0.054 acre of isolated wetlands; temporarily impact 120 feet of stream; and permanently impact 6,577square feet of Zone 1 and 3,748 square feet of Zone 2 Neuse River Basin protected riparian buffer as described within your application received by the N.C. Division of Water Quality (Division) on March 4, 2013. The impacts are covered by General Water Quality Certification Number 3884 (GC3884), which allows you to use Nationwide Permit NW12 when issued by the US Army Corps of Engineers (USACE); General Water Quality Certification Number 3890 (GC3890), which allows you to use Nationwide Permit Number 18 and 29 when issued by the USACE; and State General Permit Number 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 to isolated wetlands as depicted in your application shall expire on March 18, 2017. This approval to proceed with your proposed 404 impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 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 Wetlands, Buffers, Stormwater — Compliance and Permitting (Webscape) Unit te 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Caroli Location 512 N. Salisbury St Raleigh, North Carolina 27604 �� Phone 919. 807.63001 FAX. 919.8074941 Customer Service: 1-877-623-6748 Internet. www.ncwaterquality.org Brightleaf at the Park Page 2 of 4 April 4, 2013 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, Isolated Wetland Permit, and Buffer Authorization are met. No other impacts are approved including incidental impacts: Type of Impact Amount Approved Plan Location or Reference (Units) 404 Wetland — permanent 0.146 (acre) Section C.2 of PCN for wetland impacts Isolated Wetland - 0.054 (acre) Section C.2 of PCN for.wetland permanent impacts Stream - temporary 120 (feet) Section C.3 of PCN for stream impacts Zone 1- permanent 6,577 (square feet) Section C.6 of PCN for buffer impacts Zone 2 - permanent 3,748 (square feet) Section C.6 of PCN for buffer impacts 2. 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 City of Durham'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 City of Durham. 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. 3. Diffuse Flow All stormwater that is not treated by a BMP that removes a minimum of 30% Total Nitrogen and Total Phosphorus shall be directed and maintained as diffuse flow with an engineered level spreader through the protected stream buffers such that it will not re- concentrate Brightleaf at the Park Page 3 of 4 April 4, 2013 before discharging into a stream. If this is not possible, it may be necessary to provide an engineered level spreader or stormwater facilities to remove nitrogen and phosphorus prior to discharge. If deemed necessary, these facilities will require additional approval from the DWQ. 4. 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. 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:H portal .ncdenr.org /web /wa /swp /ws/ 401 /certsandoermits /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: / /Portal.ncdenr.org/web /wq /swp /ws/ 401 /certsandoermits /apply /forms). You can contest this Certification as provided in Articles 3 and 4 of General Statute 1506 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 B: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. Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Brightleaf at the Park Page 4of4 April 4, 2013 One (1) copy of the petition must also be served to DENR: Lacy Presnell, 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. Derely, Danny S ith, Supervisor Surface Water Protection — Raleigh Regional Office Enclosures: IWGP100000 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 Karen Higgins, DWQ CO files Deborah Edwards; Soil & Environmental Consultants, PA; 11010 Raven Ridge Road; Raleigh, NC, 27614 File Copy Filename: 041111v4BrightleafatthePark (Durham)_401_lsolated_NBR.dooc