HomeMy WebLinkAbout20080989 Ver 2_Approval Letter_201311041
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NC®ENR
'North Carolina Departrrient�of,Envir'onment and Natural Resources
Pat ,McCrory
Governor
'IPG Stonemont, LLC
Attn: Kenneth Lucas
7424 Chapel Hill Road
Raleigh, NC 27607'
Division of Water Resources
Water Quality Programs
°Thomas A. Reeder
Director
November 4, 2013
John, E. Skvarla, III
Secretary
DWR # 08- 0989x2
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Stonemont Subdivision
Dear Mr. Lucas:
You have our approval for the impacts listed below for the purpose.described in your application dated
October 15, 2013 and received by the Division of Water Resources (Division) on October 15, 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 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 Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
149 (linear feet)
0 (linear'feet)
Site 1
Stream
0 (linear feet)
20 (linear feet)
IVco e Carolina
.iura!!r�
North Carolina Division of Water Resources. 1628-Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200
Internet www•newaterguality org Location 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159
An Equal, Opportun ity/Affirmative Action Employer - 50% Recycled /10% Post Consumer Paper
Stonemont Subdivision
DWR# 08- 0989v2
401 APPROVAL
Page 2 of 4
Site 2
Type of,
Compensatory Mitigation
Stream
0 (linear feet)
20 (linear feet)
`Site 3
basin Number
EEP
'Stream
146 (linear feet)
0 (linear feet)'
Site 4
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 Town of Holly Spring's approval. The approved SMP shall be,submitted to the DWR
WBSCP Unit (1650 Mail Service Center, Raleigh,,NC ,27699 -1650) before any impacts authorized in this
certification occur. After it is approved and submitted to the Division,. the SMP may not be modified
without prior written authorization from the Town of Holly Springs: If the SMP is modified in the future,
then you shall provide one modified SMP with proof of approval to the DWR WBSCP Unit prior to the
commencement,ofthe modifications.
3. Mitigation
We understand that your mitigation plan for the stream impacts as result of this project, involves payment
to the Ecosystem Enhancement Program (EEP) and on -site preservation of streams and riparian buffers. In
addition to payment to, EEP for 295 linear feet of stream mitigation, approximately 9 acres of on -site,
riparian buffers and 5,486 linear feet of stream will" be preserved as specified' by the U.S. Army Corps of
Engineers.
We understand .that payment; to EEP will' be phased for the two permanent stream ,crossings as a ,result
of this project. Until NCEEP receives and clears your,check, impacts specified in this Buffer Authorization
shall not occur. For accounting purposes, this Authorization Certificate authorizes payment into EEP:
Mitigation
Type of,
Compensatory Mitigation
River' and Sub-,
Provider
Impact-
basin Number
EEP
Stream
295 (linear feet)
Cape
Fear /03030004
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 beperformed 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
Stone_ hontSubdivision
DWR# 09- 0989:W
,401,APPRWAL
Page.'Iof 4
,similar high visibility Material)'for the areas that'have been approved to infringe, with'in.the buff, er, wetland
oi:, atef prior- =to any land disturbii'ng aetivities,to ensure compliance with,'15 NC°AC,02H .0500.
6. This approval is for the purpose and clesign.described in your =application. The plans 'and,specificatioris for
this project,are incorporated by,reference as,part,of the. Certification. I_f,you change your project, you,
must notify the Division and you,may,b-e required to submit,a new application package.vniith We
appropriate fee. If'the ,pro,perty is sold, the, new owner must be given a.copy of °,this approval- leiter.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,deneralStatute 1506 by filing, a,
written petit'ionlof -an administrative heahrigto the Office of Ad"ministrative'Hearings (hereby`kngwn as OAH).
,A petition'form may be- obtained from the OAH at http:Hwww -.ncoah.com /, or by calling the OAH ^Clerk's,Office
at (919),431-3000 for information.
W hin,sixty,(60) calendar,d_' s of"Teceipt;o_,f,�this,noti'ce, 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,
receive&in the OAH during, normal�pff _ice'hours (Monday through Friday betweenS - -00am and,5:00pm;
excluding, officia`I state' holidays).
The petition may be,faxed twth'e OAH at (9,19) 431, - 3,100, provided,the original and one copy ofthe petition
,along'with,�any app'licab`le,OAH, filing fee is received by- the,OAH within five (5) business, days folloWing the
faxed transmission..
Mailing,add_ress fortbe'OAH;
jf sending.bY,First ClassMoi -1,
via 'the US Postal ."Service:
Office of Administrative Hearings
6714 Mail,Service,Center,
Raleigh,, NC 27699 -6714
If sending via delivery °"service
i(e.g. UPS, FedExj:
Office of'Administrative Hearings
1711 New Hope Church, Road
Raleigh, :NC 27609 -6285
One °(1) copyof'thefpetition,'rnust also be served,to DENR:
Lacy Presnell,; General,Counsel
Depar`,tment of Environ merit. and Natural Resources
1601 Mail °Service Center
Raleigh,,,, 027699 =16,01
Please, send one �(1) copy, of the petition to DWR:'
Ston_ emont.SubdivisiOn
DWR# 08- 0989x2'
401•APPROVAL
Page bf 4
If'sendtng by;First Class,M6d If sendmgivia delivery �service
via th'e US'Postal'Service., (e:g. UPS TedEx):
Karen Higgins Karen Higgins
NC'DENR= 'DW'— Webscape'Unit, NC DENR -DWR = Webscape Unit
1650 MailQService Center -51 °2 N . Salisbury Street
Raleigh; NC 27699 -1650 Raleigh,'NC 27604
This letter completes the revfewof the Division under section 401 of'th'e,Clean WMer,Acf. Please contact
Cherri S,mith;at 919- 791- 4251-or�cherrismith @ncdenr:gov ifayou haveany questi s °or concerns.
inc el'y,
Danny Srrf h,'S'upervisor
Water QualityiRegional Operations Section
Enclosure: '3890
cc: U•.$. Army'Corps offnginfeers;,Raleigh Regulatory Field Office; 3331 Heritage Trade'Dr-ive; St. 105_;
Wake, Forest, NC,27597
Bob�Zarzecki Soil & En`ironmental'Consultants,• 8412 Falls of Neuse Road,Ste.,104; Raleigh, NC
27614 '