HomeMy WebLinkAbout20130212 Ver 1_Approval Letter_201304031
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WDEFR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
April 3, 2013
Ron Perera
The Bainbridge Companies
1616 Evans Road, Suite 104
Cary, NC 27513
DWQ # 13 -0212
Durham County
Subject Property: Approval of General Permit for Isolated Wetland Impacts
Bainbridge Patterson Place Apartments
Dear Mr. Perera:
You have our approval, in accordance with the attached conditions and those listed below, to
permanently impact 0.125 acre of isolated wetlands, as described within your application
received by the N.C. Division of Water Quality (Division) on March 13, 2013. The impacts are
covered by 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 as depicted in
your application shall expire on 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
(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 (Webscape) Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone, 919.807-63001 FAX 919-807.64941 Customer Service: 1$77 -623 -6748
Internet www.nowaterqualdy org
N6 Carolina
aturall'y
Bainbridge Patterson Place
Page 2 of 3
April 3, 2013
Type of Impact
Amount Approved
Plan Location or Reference
(Units)
Wetland —
0.125 (acres)
Section C.2 of PCN for wetland
permanent
I impacts
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 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.
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:
htto: / /[)ortal.ncdenr.orpJweb /wo /swp /ws/ 401 /certsandpermits /apply /forms. The text of
the sample deed notification may be modified as appropriate to suit to this project.
S. 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: /Iportal.ncdenr.org/web /wq /swp /ws/ 401 /certsandpermits /apply /forms).
Bainbridge Patterson Place
Page 3 of 3
April 3, 2013
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:
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.
Sincerel ,
Danny Sm/erProtection rvisor
Surface W — Raleigh
Regional Office
Enclosures: IWGP100000
cc: Karen Higgins, DWQ CO files
Jim Spangler; Spangler Environmental, Inc.; 4338 Bland Road; Raleigh, NC 27609
File Copy
Filename: 130212BainbridgePatterson Place(Du rham)_401.doa