HomeMy WebLinkAbout20130680 Ver 1_Approval Letter_20130719NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A Reeder John E Skvarla, III
Governor Acting Director Secretary
July 19, 2013
Cary Glen, LLC
Attn J G Loftin, Jr
8310 Bandford Way
Raleigh, NC 27615 -2752
DWQ # 13 -0680
Wake County
Subject- APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Glencroft Townhomes
Dear Mr' Loftin
You have our approval for the impacts listed below for the purpose described in your
application dated July 1, 2013 and received by the Division of Water Quality (Division) on July 2,
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
1 The'following impacts are hereby approvedfprovided 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 Uportal ncdenr orglweblwglws
An, Equal Opportunity 1 Affirmative Action Employer
Glencroft Townhomes
DWQ# 13 -0680
401APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
97 (linear feet)
0 (linear feet)
Site UT1
Stream
51 (linear feet)
0 (linear feet)
Site UT2
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 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
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
Glencroft Townhomes
DWQ# 13 -0680
401APPROVAL
Page 3 of 4
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 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 approva'I fetter 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 can be contested as provided in Articles 3 and 4 of General Statute 1506 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 noticed 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 1h rough, 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 F,irst,Class Mail If sending via delivery service
via the US Postal Service (e g UPS, FedEx)
Karen Higgins Karen Higgins
Glencroft Townhomes
DWQ# 13 -0680
401APPROVAL
PageA of'4
NC DENR -DWQ— Webscape Unit NC DENR - DWQ — Webscape Unit
1650 Mail Service Center 512 N Salisbury Street
Raleigh, NC 27699 -1650 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 cherri smith @ncdenr gov if you have any
questions or concerns
Sin erely,
GlUI /l v 6i�,
anny Sm h, Supervisor
Surface Water Protection — 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
Scott Mitchell, Mitchell Environmental, 1501 Lakestone Village Lane, Ste' 205,
Fuquay- Varina, NC 27526 -
DWQ RRO 401 files
1