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Home My WebLink About20130611 Ver 1_Approval Letter_20130627Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Thomas A Reeder John E Skvarla, III Heritage Place of Wilson, LLC Attn David Woodard 2514 West Nash Street Wilson, NC 27896 Acting Director June 27, 2013 Secretary DWQ # 13 -0611 Wilson County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AFTER - THE -FACT AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B 0233) WITH ADDITIONAL CONDITIONS Westwood Avenue Extension Dear Mr Woodard You have our approval for the impacts listed below for the purpose described in your application dated June 10, 2013 and received by the Division of Water Quality (Division) on June 10, 2013 These impacts are covered by the attached Water Quality General Certification Number 3886 and the conditions listed below This certification is associated with the use of Nationwide Permit Number 14 once it is issued to you by the U S Army Corps of Engineers Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and /or Buffer Rules are met No other impacts are approved, including incidental impacts Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe) 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone 919 807 6301 1 FAX 919 807 6494 Internet httpRportalncdenrorglweblwglws An Equal Opportunity 1 Affirmative Action Employer Westwood Avenue Extension DWQ# 13 -0611 401 and Buffer APPROVAL Page 2 of 5 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland 0 056 (acre) 0 (acre) Site B Wetland 0 0005 (acre) 0 (acre) Site C Wetland 0148 (acre) 0 (acre) Site D Stream 102 (feet) 0 (feet) Site B Stream 108 (feet) 0 (feet) Site C Stream 89 (feet) 0 (feet) Site D Buffer —Zone 1 7,156 (square feet) 0 (square feet) Site B Buffer — Zone 2 4,811 (square feet) 0 (square feet) Site B 2 Stormwater Management Plan (SMP) Agaroval From Delegated Local Communitv Reauired The SMP approved by the City of Wilson on June 6, 2013 meets the requirements of the 401 Certification Program and the Neuse Riparian Buffer Protection Rule (15A NCAC 2B 0233) The SMP may not be modified without prior written authorization from the City of Wilson A copy of the approval letter and the modified SMP shall be submitted to the DWQ Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) prior to the commencement of the modifications 3 Stormwater Management Plan (SMP) Approval from Local Communitv for Future Phase(s) Required You are required to provide one copy of the approved SMP for the future phase(s), including plan details on full -sized plan sheets, with proof of the City of Wilson's approval The approved SMP shall be submitted to the DWQ Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) before any land disturbance associated with that phase may occur After it is approved, the SMP may not be modified without prior written authorization from the City of Wilson A copy of the approval letter and the modified SMP shall be submitted to the DWQ Webscape Unit prior to the commencement of the modifications Westwood Avenue Extension DWQ# 13 -0611 401 and Buffer APPROVAL Page 3 of S 4 Mitigation We understand that you have agreed to provide stream mitigation by payment into the Ecosystem Enhancement Program (EEP) A total of 299 linear feet of stream mitigation is required for impacting 299 linear feet of stream as a result of this project We understand that that your mitigation plan for the wetland impacts as a result of this project involves payment to EEP and on -site preservation of riparian wetlands A total of 0 41 acre of wetland mitigation is required for impacting 0 205 acre of wetland as a result of this project In addition to payment to EEP for 0 205 acre of wetland mitigation, approximately 4 acres of riparian wetlands will be preserved by restrictive covenants as specified by the U S Army Corps of Engineers The restrictive covenants will be recorded no later than one (1) month after all federal, state, and local permits are obtained Until EEP receives and clears your check, impacts specified in this Authorization Certificate shall not occur You have 60 days from the date of this approval to make this payment For accounting purposes, this Authorization Certificate authorizes payment into EEP: Mitigation Provider Type of Impact Compensatory Mitigation River and Sub - basin Number EEP Stream 299 (linear feet) Neuse /03020203 EEP Wetland 0 205 (acre) Neuse /03020203 5 No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre - Construction Notification All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur 6 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 7 This approval is for the purpose and design described in your application The plans and specifications for this project are incorporated by reference as part of the Certification and Buffer Authorization If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions 8 This approval and its conditions are final and binding unless contested Westwood Avenue Extension DWQ# 13 -0611 401 and Buffer APPROVAL Page 4 of 5 This Certification and Buffer Authorization can be contested 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 (hereby known as OAH) A petition form may be obtained from the OAH at http / /www ncoah com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8 OOam and 5 OOpm, excluding official state holidays) The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission Mailing address for the OAH If sending by First Class Mail via the US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (e g UPS, FedEx) Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 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 Please send one (1) copy of the petition to DWQ If sending by First Class Mail via the US Postal Service Karen Higgins NC DENR -DWQ— Webscape Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If sending via delivery service (e g UPS, FedEx) Karen Higgins NC DENR - DWQ — Webscape Unit 512 N Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B 0233 Please contact Chern Smith at 919 - 791 -4251 or chern smith @ncdenr gov if you have any questions or concerns Westwood Avenue Extension DWQ# 13 -0611 401 and Buffer APPROVAL Page 5 of 5 Sinc rely, anny Smi , upervi Surface ater Protection — Raleigh Regional Office Enclosures GC 3886 cc U S Army Corps of Engineers, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, St 105, Wake Forest, NC 27597 ' Deborah Edwards Shirley, Soil & Environmental Consultants, 11010 Raven Ridge Road, Raleigh, NC 27614 DWQ RRO 401 files