HomeMy WebLinkAbout20080472 Ver 3_Approval Letter_2013071791 �
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Gray's Creek Developers, LLC
Attn Bruce Herbert
1210 Trinity Road, Ste 102
Raleigh, NC 27607
Division of Water Quality
Thomas A Reeder
Acting Director
July 17, 2013
John E Skvarla, III
Secretary
DWQ # 08- 0472v3
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Gray's Creek Subdivision
Dear Mr Herbert
You have our approval for the impacts listed below for the purpose described in your
application dated March 22, 2013, received by the Division of Water Quality (Division) on
March 22, 2013, and additional information received by the Division on June 17, 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 Service Center, Raleigh, North Carolina 27699 -1650
Phone 919 -807 -6301 1 FAX 919 -807 -6494
Internet http //portal ncdenrorg/web/wq/ws
An Equal opportunity 1 Affirmative Action Employer
Gray's Creek Subdivision
DWQ# 08- 0472v3
401APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0 36 (acre)
0 (acre)
Site 1
Wetland
0 004 (acre)
0 (acre)
Site 2
Wetland
0 005 (acre)
0 (acre)
Site 3
Stream
149 (linear feet)
0 (linear feet)
2 Stormwater Management Plan (SMP) Approval by the Division for High Density Protects
The Division approves the SMP consisting of two dry detention basins and two scour holes
and all associated stormwater conveyances, inlet and outlet structures, and the grading and
drainage patterns depicted on plan sheets dated July 15, 2013, which are incorporated by
reference and are enforceable by the Division The following conditions also apply
a) The maximum allowable drainage area for dry detention basin 1 shall be 923,472 square
feet and the maximum allowable built -upon area within that drainage area shall be
374,616 square feet The maximum allowable drainage area for dry detention basin 2
shall be 239,580 square feet and the maximum allowable built -upon area within that
drainage area shall be 103,237 square feet Any changes to these maximum areas shall
require the applicant to submit and receive approval for a revised stormwater
management plan by the Division
b) The footprint of all stormwater management devices as well as an additional 10 -foot
wide area on all sides of the devices shall be located in public rights -of -way, dedicated
common areas or recorded easement areas The final plats for the project showing all
such rights -of -way, common areas and easement areas shall be in accordance with the
approved plans
c) The approved SMP shall be constructed and operational before any permanent building
or other structure is occupied at the site
d) The SMP may not be modified without prior written authorization from the Division A
copy of the approval letter and the modified SMP shall be submitted to the DWQ
WBSCP Unit prior to the commencement of the modifications
e) Maintenance activities for the dry detention basins shall be performed in accordance
with the notarized O &M agreements signed by Bruce Herbert (Director of Land
Acquisition) on February 21, 2013 The 0 &M agreement shall transfer with the sale of
the land or transfer of ownership /responsibility for the BMP facility The Division shall
be notified promptly of every transfer
3 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
Gray's Creek Subdivision
DWQ# 08- 0472v3
401APPROVAL
Page 3 of 4
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 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 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
6 This approval and its conditions are final and binding unless contested
This Certification 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
Gray's Creek Subdivision
DWQ# 08- 0472v3
401APPROVAL
Page 4 of 4
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
Please contact Chern Smith at 919- 791 -4251 or chern smith @ncdenr gov if you have any
questions or concerns
Sinc eIy,
Danny S h, rSuperviso
Surface ateon — Raleigh
Regional Office
Enclosure 3890
cc U S Army Corps of Engineers, Raleigh Regulatory Field Office, 3331 Heritage Trade
Drive, St 105, Wake Forest, NC 27597
Nichole Thomson, Soil & Environmental Consultants, 11010 Raven Ridge Road,
Raleigh, NC 27614
DWQ RRO 401 files