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Home My WebLink About20110993 Ver 2_Approval Letter_20130924f NCDENR North.Caroli'na, Department of Environment and Natural Resources Division of Water Resources Water Quality Programs IPat McCrory Thomas A. Reeder' Governor' r Director .September 24, 2013 Wake Forest Apartments Attn: Michael A. Underwood 103 Torrey Pines Drive Raleigh, NC'27613 - John E. Skvarla, III Secretary DWR,# 11- 0993v2 Wake County Subject: APPROVAL,OF 401 WATER QUALITY-CERTIFICATION WITH ADDITIONAL CONDITIONS AFTER -THE -FACT AUTHORIZATION CERTIFICATE, PER THE IVEUSE RIVER BASIN RIPARIAN 'BUFFER PROTECTION RULES (15A,NCAC .'02B:0233) WITH ADDITIONAL, CONDITIONS Woodfield Creek Apartments Dear Mr. Underwood: You have our approva'I for the impacts listed below for the purpose described in your application' dated September 9, 2013 and received by 'the Division of'Water Resources ( Division) on September 9, 2013. These impacts are covered by Water,Quality General Certification Number 3890 and the conditions'listed below. This certification is associated with the use of Nationwide Permit Number 29. This 401 Certification, and Buffer Authorization repl'acelhe 401 Certification and Buffer Authorization'issued to you on December, 13; 2011. This approval requires you to follow the,conditions for G,C3890 and the following additional conditions: 1. The following impadt& 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 Im=pact, A'mountApproved Arnount,Approved :(units) (units) Permanent Temporary Wetland. (previously Q.0007 (acres) 0 (acres) approved) Stream (previously 90, (linear feet) 0' (linearfeet) Nmrallly e Caroli na North, Carolina, Division of Water Resources 1628 Mail Service Center Raleigh, NC, 27699 -1628' Phone (919)'791-4200 Internet_ www ncwateraual,ty or9 Location 3800'Barrett Drive Raleigh, NC 27609 Fax (919) 788 -71159 An Equal' Opportunity /Affrmabve Action Employer - 50% Recycled110 %,PostConsumer Paper Woodfield Creek Apartments DWR #11- 0993v2 401.AND BUFFER APPROVAL Page 2 of 4 approved) Buffer — Zone 1 4_,670 (square feet) 0 (squa_re.•feet) (previously'approved) Buffer —Zone 2 3,506 (square feet) 0 (square feet) (previously approved) Buffer —Zone1 (after- 466 (square feet) 0 (square•feet) the-,fact) Buffer — Zone2 (after - 1,202 (square feet) 0 ('square feet) the -fact) 2. Stormwater Management Plan (SMP) Approval from Local Community Required The,SMP approved by the Town of Wake Forest for this project may'not be modified without prior written authorization from the Town of'Wake Forest. If the SMP is modified in the future, then you shall provide one modified SNIP with proof of approval to the DWR Webscape Unit prior to the commencement of the modifications. 3. Diffuse Flow All stormwater shall be directed, and maintained as diffuse flow at non - erosive velocities through the protected stream buffers such that it will riot re- concentrate before discharging'into a stream. If this is not possible, it may be necessary to provide an engineered level spreader or stormwater facilities to remove nitrogen and phosphorus prior to discharge. If deemed necessary, these facilities will require additional approval from the Division of Water Resources. 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. Thi's 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. Woodfield' Creek Apartments DWR #11'099M 401 AND BUFFER APPROVAL, Page 3 of 7. This approval and its conditions,are final and binding unless,contested. This Certification and Buffer Authorization, can be contested, 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 ,8:00am and 5:00pm, 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) "busi'ness days following the faxed transmissio °n: Mailing address;forthe OAH' If sending by First Class Mail 'vidsthe, US Postal Service: Office•of Administrative Hearings 6714 Mail' Service Center Raleigh, NC`27699 =6714 If sending via delivey�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: Laey,Pres -nell, General Counsel Department,of Environrment,andNat_ural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Please send one (1) copy of'the, petition to DWR: if-sending by FirsvCldss Mail via,the,US ,Postal Service: Karen .Higgins NC DENR -DWR — Webscape Unit 1650 Mail Service,Center Raleigh, NC`27699 -1650 Ifsending via dehveryservice (e:g. UPS, F,edE# Karen ,Higgins NC DENR =DWR — W6bscape -0nit 512 N.,,Salisbury Street Raleigh, NC 27604 Woodfield Creek Apartments 'DWR #11 -0993Q 401 AND BUFFER APPROVAL Page 4 of.4 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 02&.0238 . Please,contact Cherri Smith at 919- 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. Since ely, Danny Sm'it , Supervisor Water Quality Section — Raleigh Regional'Offi'ce cc:. U.S. Army Corps of Engineers;,Raleigh,Regulatory Field Office; 3331 Heritage'Tra &- Drive, St, 105; Wake Forest, NC 27597 Deborah Edwards Shirley,; Soil & Environmehta6 Consultants;, 11010 Raven Ridge Road; ,Raleigh, NC 2'7614