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Home My WebLink About20040544 Ver 4_Approval Letter_20130430�� 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 April 30, 2013 John Weiland Homes, LLC Attn Dan Marro 101 -A Quail Fields Court Morrisville, NC 27560 DWQ # 04- 0544v4 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 River Run Phases 4 & 5 Dear Mr Marro You have our approval for the impacts listed below for the purpose described in your application dated February 22, 2013, received by the Division of Water Quality (Division) on February 28, 2013 and additional information received on April 19, 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 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 SeR;ice Center Raleigh North Carolina 27699 1650 Phone 919 -807 6301 1 FAX 919 807 F494 Internet hap /!portal nrdenr org,weblwglws An Equal Opportunity 1 Affirmative Action Employer John Weiland Homes, LLC DWQ# 04- 0544v4 401 AND BUFFER APPROVAL Page 2 of 5 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 49 (linear feet) 0 (linear feet) Site 1 Stream 221 (linear feet) 0 (linear feet) Site 2 Buffers —Zone 1 3,720 (square feet) 0 (square feet) Site 1 Buffers — Zone 2 3,259 (square feet) 0 (square feet) Site 1 Buffers —Zone 1 1,524 (square feet) 0 (square feet) Site 2 Buffers — Zone 2 1,234 (square feet) 0 (square feet) Site 2 Buffers —Zone 1 0 (square feet) 0 (square feet) Site 3 Buffers — Zone 2 60 (square feet) 0 (square feet) Site 3 Buffers — Zone 1 731 (square feet) 0 (square feet) Site 4 Buffers — Zone 2 431 (square feet) 0 (square feet) Site 4 Buffers — Zone 1 827 (square feet) 0 (square feet) Site 5 Buffers — Zone 2 528 (square feet) 0 (square feet) Site 5 Buffers —Zone 1 766 (square feet) 0 (square feet) Site 6 Buffers — Zone 2 410 (square feet) 0 (square feet) Site 6 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 Raleigh'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 John Weiland Homes, LLC DWQ# 04- 0544v4 401 AND BUFFER APPROVAL Page 3 of 5 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 Raleigh 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 Diffuse Flow The diffuse flow plan approved by the DWQ consists of three (3) level spreader and vegetated filter strip(s) and all associated stormwater conveyances, the grading and drainage patterns depicted on plan sheets dated January 29, 2013 No changes to the level spreader- vegetated filter strip shall be made without written authorization from DWQ The diffuse flow devices shall have maintenance access and at least a 10 -foot drainage easement on each side to allow for the ability to maintain the structures, and to perform corrective actions The stormwater easements shall be recorded to provide protection of the structures from potential alterations by future property owners The approved diffuse flow must be maintained in perpetuity in accordance with the LS -VFS operation and maintenance (O & M) agreement(s) signed by Mr Dan Marro (Vice President of Construction) on April 22, 2013 The O & M agreement(s) must transfer with the sale of the property or transfer of ownership /responsibility for the BMP facilities DWQ must be notified promptly of every transfer 4 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 5 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 6 Mitigation We understand that you have previously purchased 98 linear feet of stream mitigation to compensate for the 49 linear feet of permanent perennial stream impacts associated with this project We also understand that mitigation was not required for the 221 linear feet of intermittent stream impacts for the previously issued permits for this project We understand that you have agreed to provide riparian buffer mitigation by payment into the Wildlands Neuse River Riparian Buffer & Nutrient Umbrella Mitigation Bank — Little River Farm Mitigation Site A total of 16,049 square feet of riparian buffer mitigation is required for John Weiland Homes, LLC DWQ# 04- 0544v4 401 AND BUFFER APPROVAL Page 4 of 5 impacting 6,979 square feet of riparian buffer as a result of this project Until Wildlands Southeast Holdings I, LLC 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 Wildlands Neuse River Riparian Buffer & Nutrient Umbrella Mitigation Bank to meet the following compensatory mitigation requirement: Type of Impact Compensatory Mitigation Required River and Sub -basin Number Buffer 16,049 (square feet) Neuse /03020201 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 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 John Weiland Homes, LLC DWQ# 04- 0544v4 401 AND BUFFER APPROVAL If sending via delivery service (e g UPS, FedEx) Karen Higgins NC DENR -DWQ— Webscape Unit 512 N Salisbury Street Raleigh, NC 27604 Page 5 of 5 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 Cherri Smith at 919 - 791 -4251 or cherri smith @ncdenr gov if you have any questions or concerns Sincer ly, r Danny SVaater , Supervisor Surface Protection — Raleigh Regional Office Enclosures GC 3890 cc U S Army Corps of Engineers, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, St 105, Wake Forest, NC 27597 Troy Beasley, Withers & Ravenel, 1410 Commonwealth Drive, Suite 101, Wilmington, NC 28403 DWQ RRO 401 files