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HomeMy WebLinkAbout20080989 Ver 2_Approval Letter_201311041 A &4 � 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 '