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Home My WebLink About20130367 Ver 1_Approval Letter_20130501A ' NCDENR 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 May 1, 2013 The Estates at Westhigh Attn Steve Vining 516 N West Street Raleigh, NC 27603 The Estates at Westhigh Attn Adam Ashbaugh 516 N West Street Raleigh, NC 27603 DWQ # 13 -0367 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS The Estates at Westhigh Dear Messrs Vining and Ashbaugh This 401 Water Quality Certification and Authorization Certificate per the Neuse Riparian Buffer Rules dated May 1, 2013 replaces the 401 Certification and Authorization Certificate dated April 22, 2013 In order to allow processing of mitigation payments for this project, a mitigation condition (Condition #5) has been added to this 401 Certification and Authorization Certificate We apologize for this oversight No other corrections or changes to this 401 Certification and Authorization Certificate have been made You have our approval for the impacts listed below for the purpose described in your application dated April 1, 2013 and received by the Division of Water Quality (Division) on April 8, 2013 These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below This certification is associated with the use of Nationwide Permit Number 29 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 Wetlands, Buffers Storm�vater Compliance and Permitting Un,t (MBSCaPe) 1650 Mail Service Center Raleigh North Carolina 27h99 1650 Phone 919 807 6301 v FA} 919 807 6494 Inrerret h ,tpPportalncdenro�g'NO;wq)ws an Equal Opportunity � Affirmatwe Action Employer The Estates at Westhigh DWQ# 13 -0367 401 AND BUFFER APPROVAL Page 2 of 5 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 1 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 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 0 (linear feet) 51 (linear feet) Site 1 Buffers — Zone 1 1,891 (square feet) 0 (square feet) Site 1 Buffers — Zone 2 1,400 (square feet) 0 (square feet) Site 1 Buffers —Zone 1 0 (square feet) 0 (square feet) Site 2 Buffers —Zone 2 423 (square feet) 0 (square feet) Site 2 Buffers —Zone 1 1,721 (square feet) 0 (square feet) Site 3 Buffers — Zone 2 1,336 (square feet) 0 (square feet) Site 3 Buffers —Zone 1 0 (square feet) 0 (square feet) Site 4 Buffers — Zone 2 347 (square feet) 0 (square feet) Site 4 Buffers —Zone 1 2,958 (square feet) 0 (square feet) Site 5 Buffers — Zone 2 1,854 (square feet) 0 (square feet) Site 5 Buffers —Zone 1 104 (square feet) 0 (square feet) Site 6 Buffers — Zone 2 405 (square feet) 0 (square feet) Site 6 The Estates at Westhigh DWQ# 13 -0367 401 AND BUFFER APPROVAL Page 3 of 5 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 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 3 Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non - erosive velocities through the protected stream buffers such that it will not re- concentrate before discharging into a stream as identified within 15A NCAC 2B 0233 (5) If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen and phosphorus This may require additional approval from this Office 1 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 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 Mitigation We understand that you have agreed to provide riparian buffer mitigation by payment into the Ecosystem Enhancement Program (EEP) and the Wildlands Neuse River Riparian Buffer & Nutrient Umbrella Mitigation Bank — Little River Farm Mitigation Site A total of 8,874 square feet of riparian buffer mitigation is required for impacting 2,958 square feet of riparian buffer as a result of this project Until EEP and Wildlands Southeast Holdings I, LLC receive and clear your checks, 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 and Wildlands Neuse River Riparian The Estates at Westhigh DWQ# 13 -0367 401 AND BUFFER APPROVAL Page 4 of 5 Buffer & Nutrient Umbrella Mitigation Bank to meet the following compensatory mitigation requirement: Mitigation Type of Compensatory Mitigation River and Sub - Provider Impact basin Number EEP Buffer 3,144 (square feet) Neuse /03020201 Mitigation Buffer 5,731 (square feet) Neuse /03020201 Bank 6 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 7 This approval and its conditions are final and binding unless contested 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 thirty (30) 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 The Estates at Westhigh DWQ# 13 -0367 401 AND BUFFER APPROVAL Page 5 of 5 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 c ncerns, jSincer ly, Danny S h, Superviso Surface��ater Protection — Raleigh Regional Office cc U S Army Corps of Engineers, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, St 105, Wake Forest, NC 27597 Landon Lovelace, Underfoot Engineering, P 0 Box 37781, Raleigh, NC 27627 DWQ RRO 401 files