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Home My WebLink About20131001 Ver 2_Approval Letter_20140113Subject: APPROVAL OF401, WATER QUALITY ,CERT,IF,ICATION WITH ADDI_TI,ONAL,CONDITIONS Parks de at'Bella Casa Phases-10- and ,11 Dear'Mr. Zadell You' have our�approva`Lforrlhe impacts listed ,beloW foi- the purpose ,describe -d in your, application dated December ,20, 20113 and received by the'Division �ofWater Resources' (Division), on .December 23; 2013'. These impacts are, covered :by, th,e attached Water Quality Genera`I Certification Nurn'ber8890,and the conditions fisted' below: This certification `i's associated'with the, use of'Nationwide, Per'mit-N'umber 29 once it is issued to you by the U.S.,Army Corps of Engineers. Please, note that ,you should get an;y oth'er,,federal,,state or local permits, before proceeding With,your,project, including those required by`(but not'liir'ited to) Sediment and Erosion C'ontrol,, Non ;Discharge, and �WaterSupply Watershed regulations.. This 401 Certification, foe DWR #13- 1001 v2idated,Jar ar,Sy,13;4014 doe`s °not replace the401teetification,for DWR #13=1001 dated Septernber,24, 2014. This ap,p'roval requires" "you.to�follow- °the�condition's listed' i'nthe en closed certification and the;following� additional conditions:, 1: The following; m ipacts are hereby approved provided that all of ' the other specific and general conditionsbf the,Certification, General Perrmit'and /,or Buffer,Rules,are met: ' NOofih, erimpacts�are approved,, including incidental impacts. `Type of Impact ALF A 1 �� LAS (units) NC®ENR Temporary Wetland North Carolina Department "of, Environment and Natural Resources Q, (acres) D,ivision Of,Water'RE%,urces, Water Quality'Programs Pat McCrory, Thomas,X, Reeder John E. - Warla;'lll Qovernor Director Secretary January 1.3, :2014. DWR,# 13- 1001x2 Wake - County Parksi -de Development Group Attn:, Brad Zade�ll 9,10'Win-dy Road ,Apex; NC 27502 Subject: APPROVAL OF401, WATER QUALITY ,CERT,IF,ICATION WITH ADDI_TI,ONAL,CONDITIONS Parks de at'Bella Casa Phases-10- and ,11 Dear'Mr. Zadell You' have our�approva`Lforrlhe impacts listed ,beloW foi- the purpose ,describe -d in your, application dated December ,20, 20113 and received by the'Division �ofWater Resources' (Division), on .December 23; 2013'. These impacts are, covered :by, th,e attached Water Quality Genera`I Certification Nurn'ber8890,and the conditions fisted' below: This certification `i's associated'with the, use of'Nationwide, Per'mit-N'umber 29 once it is issued to you by the U.S.,Army Corps of Engineers. Please, note that ,you should get an;y oth'er,,federal,,state or local permits, before proceeding With,your,project, including those required by`(but not'liir'ited to) Sediment and Erosion C'ontrol,, Non ;Discharge, and �WaterSupply Watershed regulations.. This 401 Certification, foe DWR #13- 1001 v2idated,Jar ar,Sy,13;4014 doe`s °not replace the401teetification,for DWR #13=1001 dated Septernber,24, 2014. This ap,p'roval requires" "you.to�follow- °the�condition's listed' i'nthe en closed certification and the;following� additional conditions:, 1: The following; m ipacts are hereby approved provided that all of ' the other specific and general conditionsbf the,Certification, General Perrmit'and /,or Buffer,Rules,are met: ' NOofih, erimpacts�are approved,, including incidental impacts. `Type of Impact Amount °Approved' Amount Approved (units,), (units) 'Pgrmanent Temporary Wetland - 0.04.( - res) Q, (acres) Nose fthCarohna tiifa!!rm North °Carolina Division of Water Resources 1628 Mad Service Center Raleigfi, NC 2769971628'PPhone (99,9) 791=4200 Iriternef wv6uti ncwate�ouality or9 Location 3800 Barrett Drive ,Raleigh;, NC 27609 Fax, (919),788-7159 An Equal OpportunitylAffrmative�Action Employer- 5O'/�Recycled /10% Post:Consumer Paper Parkside at Bella Casa, Phases 10A & 11 DWR# 13- 1001v2 401 APPROVAL Page 2 of 4 Stream 108 (linear feet) 0 (linear -feet) Site 1 Stream 0, (1inear'feet) 20 (linear feet) Site 2 Stream 0 (linearfeet) 20 (linear feet) Site 3 2. Stormwater_Management Plan (SMP) Approval from Local Community Required You are required to provide one copy (hard copy or digital) of the approved,SMP, including plan details'on full -sized plan sheets, with proof of the Town of Apex'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. After it is approved and submitted to the Division, the SMP may-got be modified without prior written authorization from the Town of Apex. If the SMP is modified in the future, then you shall provide one modified SMP 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 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 per - formed so that no violations of st4t6water 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 warn'ing fencing (or similar high �visib'ility material) for the areas that have been approved to infringe within th'e'buffer;,wetland' or water- prior to any land disturbing activities to ensure compliance with:15 NCAC 02H .0500. 6. This approval i's for the purpose'and design described in your,application,. The plans and specifications for this project are incorporated by reference,as part ,the Certification. If,you change your project, you must notifythe Division and you may benequii-edto 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, 7'. This approval and its conditions are final and bindingunless contested. This; Certification can be•contested as provided in Articles 3 and 4 of General Statute,150B'by filing a Pa- rksid6 at= Bella,Casa'Phwes T0A„& 11 DWR #' 13- 1001v2. 401 APPROVAL Pagel of 4, - written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH).. A�petition'form,niay be,obtained,fe,otn the OAH at http: / /wWw.ncoah.c'o'm/ or by�ca'lling,the,,OAH Clerk's Office at (919.).,4'31 -3000 for inforrnation. within sixty�(60) calendar, days" of receipt of-this notice; za petition'must'be filed with the OAH. .A petition, is considered,filed when the,original ,and,one (1), copy salongwith'any,applicable,OAH filiing fee is - received in the�OAH during norrnaloffice hours'(Monda t,hrough'F,ri'day b6tw.eeh :'8 -.0'0am,a6d 5!00pm, excluding official stateholidays), `The petition ,may ibe faxed to the, OAH at (915)431=3100, provided tfie,origi'nal and,one copy' of, the petition along with, any ap,plica'ble,00 filing -fee is reee'ived'lby,the OAH, Within five ,(5) business days�following,the ,faxed transmission: Mailing address,for'the OAH:- If sending by First Class Mail, via the ,USJPostal,Secvice; Office of•Adm nistrative;Hearirigs .6714,'M`a_il Service,Center, Raleigh, Nc,27699 -6714 !fsendmg via deh,ver_yservice. (e.g: UPS, FedEx). Office of, Adm`inistratiye� Hearings '1711 New Hope Church Road Raleigh, NC,27609 =6285 One (1) copy�ofthe -petit ionrrriust:also be- served to DENR: Lacy Presnell, General' Counsel Department of,Enuironment,and Natur4l'Resources 1601.Mail'Service Center . Raleigh, NC "27699 X1,601 Please send one (1)' copy of,the ,petition to DWR: If sending byaF.irst Class Mail via the US, Postal.5ervice., Karen Higgins NC DENR - DWR — Webscape Unit, ; 1650W.ail Service Center IRalei'gh, NC 27699 =1650 'If sending, via delivery service (e:g: UPS,,FedEx): `Karen Higgins ,NC DENR- DWR— VWbsca`pe Unit 512 N., Salisbury :Street Raleigh, NC,27604 This letter °completes the review of�the Di'Vision,under,sectioh, 401 of'the Clean, Water°'Act., Please contact Cherri Smith at,,919401 =4251 or,cherri.smithO.htdene.,Aov if`yoU �h-ave any questions or concerns: Parkside at Bella Casa Phases 10A & 11 DW,R# 13- 1001v2 401 APPROVAL Page 4`of 4 ince ely, Danny S ith, Supervisor Water Quality Regional Operations Section Enclosure: 3890 cc: U.S., Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 Jeff Harbour; ESI'; 524 S. New Hope Road; Raleigh, NC 27610 DWR RRO 401 Files