HomeMy WebLinkAbout20130611 Ver 1_Approval Letter_20130717NCDENR
North Carolina Department of Environment and Natura
Pat McCrory
Governor
Heritage Place of Wilson, LLC
Attn: David Woodard
2514 West Nash Street
Wilson, NC 27896
Division of Water Quality
Thomas A. Reeder
Acting Director
July 17, 2013
C -_
Resources
John E. Skvarla, III
Secretary
DWQ # 13 -0611
Wilson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
C4r01,1IflW6IL'M
AFTER - THE -FACT AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN
RIPARIAN BUFFER PROTECTION RULES (15A NCAC 026 .0233) WITH
ADDITIONAL CONDITIONS
Westwood Avenue Extension
Dear Mr. Woodard:
This 401 Water Quality Certification (WQC) and Authorization Certificate per the Neuse Riparian
Buffer Rules dated July 17, 2013 replaces the WQC and Authorization Certificate dated June 27,
2013. In this replacement WQC and Authorization Certificate, the language in Condition 4
requiring that the restrictive covenants document be recorded no later than one (1) month after
all federal, state, and local permits are obtained has been deleted. No other changes to this
Authorization Certificate have been made.
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:
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: / /pertal.ncdenr.org /web /wq /ws
An Equal Opportunity '•, Affirmative Action Employer
Westwood,Avenue Extension
DWQ# 13 -0611
401 and Buffer APPROVAL
Page 2 of 5
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 =pacts are approved,, including incidental impacts
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0 056 acre
0 acre
Site B
R
Wetland
0,0005 (acre)
0 (acre)
Site C
Wetland
0 148 (acre)
0 (acre)
Site D _
Stream
102 (feet) _
10 (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-13
2 Stormwater Management Plan (SMP) Arwroval From Delegated Local Communitv Required
The SMP approved, by'the City of`W_,ilson on Sune,6, 2013 meets the requirements of the 401
Certification, 'Program and the Neuse Riparian,Buffer Protection iRule (15A NCAC 26 0233)
The SMP may not1be`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 Xco,py of'the approval letter and the modified SMP
F
Westwood,Avenue Extension
DWQ# 13 -0611
401 and Buffer APPROVAL
Page 3 of 5
shall be submitted to the DWQ Webscape, Unit prior to the commencement of the
modifications',
4 Mitigation
We understand that you have agree&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 aere,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 -
Until EEP receives and clears your check, impacts,specified in this - Authorization Certificate
shall not occur You haveZo days from the date of this approval to make this payment. For
accounting purposeg,'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, stattites, 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 anew application package with the appropriate fee If the property is
sold, the new owner must be given a copy of this approval better and General Certification
and as responsible for complying with all conditions
Westwood'Avenue Extension -
DWQ# 1$ -0611
401 and Buffer APPROVAL
Page 4 of 5
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 maybe obtained, from the
OAH at http / /www ncoah com/ or by,call_ing 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
filingfee 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 fazed 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 GAH 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 Mdil Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e g UPS, Fed Ex)
Office of Administrative Hearings
1711 NewHope 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, Fed Ex)
Karen Higgins
NC'DENR- DWQ— ,Webscape'Unit
512 N Salisbury Street
'Raleigh, NC 27604
r.
Westwood Avenue Extension
DWQ# 13 -0611
401 andZuffer APPROVAL
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 Chern
Smith at 919-791-42-51 or chern smith @ncdenr gov if you have any questions or concerns
Sinc ely,
anny S h, Supervisor
Surface, ater Protection — 1Raleigh
Regional Office
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, 11,010 Raven Ridge
Road, Raleigh, INC 27614
_ - DWQ-RRO401files - V - - - " "'