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Home My WebLink About20131226 Ver 1_Approval Letter_20131219NCDENR North-,Carolina Department of Environment and Natural Resources Diuis`ion ofMater Resources 'Water Quality Progtabs, Pat'McCrory Thomas A. Reeder Governor Director December 19, 2013, Blo,nnie Herndon c/o Dane Sarnbrick•— Sambrick, Commercial' Realty 4944 Windy Hill Drive Raleigh, NC 27609 John E„ Skuarla, III Secretary D.WR' # 13 =1226 Wake'County Subject•: APPROVAL OF 401 WATER,QUALITY CERTIFICATION WITH AOWTIONAL- CONDITIONS AUTHORIZAT ,ION,CERTIFICATE PER'THE NEUSE RIVER BASIN,RIPARIAN BUFFER PROTECTIQ,N RULES (154 NCAC °0213 A233) WITH ADDITIONALr,CONDITI6NS The Woods -at Fairbanks Dear M's.'Herndon: You, have our,approyal,for,the ,, impacts listed below, forthe purpose described in your application dated November 25, 201'3 and received by the, Division of Water, Resources (Diivisionton November':2.5; 2013. These impacts are covered' by,the attached Water Quality'General Certification `Number 3890,and the�conclitions ,listed'below. This, certification is associated with the use of N'ationwi'de Permit Number 29 once it is issued to you by the'U.S.,Army Corpsaof'Engineers. Please, note that you should,get any other federal,, state or local permits before proceeding with °your °project, includingthose;required by (but,not- limited to) Sediment °and 'Erosion Control, Non- Discharge,.and Water Supply Watershed regulations. This approyalrequires,you to follow the conditions listed in the enclosed certification and the °following, additional conditions: 1. The following impacts are, hereby approv,ed provided,that a'll of the other specifie,and general, conditj'ons of the Certification; ,Genei`al Permit an'd /or 8uffer'Rules are met. NoAother impacts,arel approved, including, incidental, impacts. Type- ,of`Impact A "mount,Approved Arnount.Approved (units) (units) Permanent Temporary Stream 0 "(linear feet) 10 (linear feet)_ None thCarolina Aaamally, North Carolina Division +of Water Resources 1628 Mad,Seryice Cehter Raleigh; NC 27699- 1628'Fhone.- (919)791 -4200 Internet- www rmaterguality ofq Location' 3800,Bafrett Dnye Raleigh, -NC 27609 .Fax (9,19) 78&7159 An', Equal-OoportuhV /AffrmaiiveActior,Ei ployer- 50% ,Recycled110 %PastConsumer'Paper The Woods at Fairbanks DWR, #13 -12261 401 AND BUFFER'APPROVAL Page 2 of 4 Site 1 Stream 139 (linear feet) 10 (linear -feet) Site 2 Buffers —Zone 1 1,159 (square feet) 0 (square feet) Sa`nitary'Sewer Buffers — Zone 2 561 (square feet) 0 (square feet) 'Sanitary Sewer 2. Stormwater Management Plan (SMP) Approval from Local Community Required You are required to provide one copy of the approved stormwater management plan (SMP),'including plan details on full -sized plan sheets, or electronically, with proof of the Town of Morrisville's approval. The approved SMP shall be submitted to the DWR 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 shall be constructed and operational before any permanent building or other structure is occupied at the site. The approved SMP as well as drainage patterns shall be maintained in perpetuity. The SMP may not be modified without prior written authorization from the Town of'Morrisville. A copy of the approval letter and the modified SMP shall be submitted 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 not re- concentrate before discharging into a stream. 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. 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. 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 a new application The Wood's at.Fairbanks DWR 413' 1226 401 AND "BUFFER APPROVAL _ Page 3 of 4 paekagewith the appropriate,fee. I'f'the property is sold; thernew,owner must begiven,a�.copy of,this . approval' fetter and.General,Certification and is,respo.nsible:for- complying - with,all conclitioris. 7. This°'approval and its conditions, are final and'bindiingunless contested'. This Certification and Buffer Authorization can be contested,as provided in Articles 33 and 4 of General Statute 1506,by,fi ling' a written petition for,an adrriinistiad&e hearing,to the Office of Administrative Hearings (hereby�knoWn as O'AH). A petition,fdrym maybe obtained from the.OAH at'http':% /www.ncoah:com /,or by callirig'the OAH Clerk's °Ciffice�at (919)481- 3000,for infor,mati'on., Within si ity `(60) calendar days of receipt,of.this notice,,a petition [must befiled with the;QAH. A petition is considered fil edi when the-original and one (1)°,copy @long. with� any applicable 0AH'filing °feei's received in .the OAH during - norma[office, hours ( Monday, through [Feiday;between,�8:00am .and 5:OOpm,, ekludiri &official'state holidays). The petition ,may °be faxed-to the �OAH at (9,19) 431- 3100, provided; the or,'iginal "and one copy ofthe petition - `longwith, any ,applicable'OAH'filing,;feeIs received bylh;e OAH within five �(5) business, days following,;the faxed ,transm'ission. Mailing address`for the OA4: Ifsending by First Class'Mail ,via the `US Postal Service: Office of Administrative ,Heaeings '6714 Mail Service Center ,Raleigh,'NC,27699: 6714 Ifsending wa,,dehvery service, (e.g. UPS; Fed U): Office `of Administrative, Heahngs 1711 New Hooee hurch Road Raleigh,, NC 27609 -6285 One:,(1) copy of the petition must also be served to,DENR': ,Lacy'Presnell, General Counsel 'Department of "Environmentand N'atu°ral Resources 1601 Mail Serv,ice,Center ,Raleigh, NC 2,7699 -1601 Rlease,send one (1) +copy ofthe petition to DWR If sending byfirs't Cass Mail via the US Postal °Service: Karen Higgins N'C'DENR' -DWR — Webscape, Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If sending via, - eliv"ery'service (e:g. UPS, FedEx): Karen Higgins NC'DEN,R -DWR — Websca,pe jUnit 512 N.'Salisbury Street Raleigh, NC 27604 I'„ The Woods affaftipks DW R,' #1`5 -1226 ,4q,AND BUFFER APPROVAL !Page4of 41 This letter cdniplete "sAhe review of°the'Division und'er,section,401 dithe,Clean,'Wat&,, Act and the Neuse Riparian; Buffer Rules as,described'in 15A N'CAC 02B :0233. Please contact-Cherri'Smith at,919-'791- 42,51'or cherrLsmith @ncd'enr.Kov;if you have any questions or concerns., °Si`nce_ ely, Danny Smi , Supervisor Water Quality Regiona[Operations;Section Enclosures: GC-3890 cc: 'U.S ". Army Corps of Engineers ,Raleigh Regulatory, Field�� Office; 3331 Heritage Trade Drive,, St. 105; ` Ae Forest, .NC 27597 De'bor-a'h,Shirley Soil & Environmental Consultants; 8412 Falls,of'Neuse Road, Ste. , 104; Raleigh, NC' 27615 Gray Methven Standard P,acific Homes ; 1600 Perimeter Park Drive, Ste. 1x25; Morrisville;, NC27560 I