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HomeMy WebLinkAbout20140059 Ver 1_Approval Letter_20140131A NC®ENR North Carolina Department of Environment and Natural Resources Division• of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director January 31, 2014 Brenda Batch elor,and'Susan ",Mann 7317•Green Hope School Road Cary, NC 27519 John E_. Skvarla, III Secretary DWR # 14 -0059 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH A_ DDITIONAL CONDITIONS Green Hope Crossing Subdivision D'ear,,Mss. Batchelor and Mann,, You have our approval for the impacts listed below for the purpose described in your application -dated January 15,2014 and received'bythe Division ofWater Resources (Division) on January 17, 2014. These impacts are covered by the,attach.ed 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, proceed ing-with your project, including those, required by (but not limited to) Sediment and Erosion Control, Non= Discharge,,and Water Supply Watershed regulations. s This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 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 meta. No other- impacts are approved, including , incidental impacts. Type of Impact `Amount Approved (units) Permanent Amount Approved (units), Temporary Wetland 0.017 (acres) 0 (acres) Impact #1 Wetland 0.113 (acres) 0 (acres) Impact. #3 �o e Carolina IAatura!!rff North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, 14C 27699 -1628 Phone (919) 791 -4200 Internet www rimaterguality org Location_ 3800 Barrett Dnve Raleigh, NC 27609 Fax (919) 788 -7159 An Equal Opportunity /Affirmative Action, Employer, — 50% Recycled /10% Post•Consumer Paper Green Hope Crossing ,DWR #' 14 -0059 4o1APPROVAL Page 2 of-5 Wetland 0.051 (acres) 0 (acres) Impact #5 Wetland 0.126'(aeres) 0 ('acres) Impact #7 Wetland 0.048'-(acres) _ O'(acres) _ Impact #9 Wetland 0 (acres) 0.023 (acres) Impact #10 Wetland 0.117 (acres) 0 `(acres) Impact #11, Strew °m, 12-1,(linear feet)_ 0 (linear feet) Impact #2 _ Stream S (linear °feef)' 0 (linear feet), ;I'mpact #4 Stream 14&(lihear feet) 0' (line_'ar -feet) Impact #6' Stream `25 '(linear feet) 0 (linear feet)_ I'm pact " #8' 2. Stormwater Management Plan (SNIP) Approval from Local Commuriity.Reguired You are required to provide-one, copy (hard copy'or digital,) ofthe approved SMP,'incl'uding plan details on full -sized plan sheets, with proof of the Town ofCary's,approval. The approved'SMP shall, be submitted to, the DWR Webscape Uriit (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 ipr"i'or written authorization from the Town of Cary. If th'e,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 commeneementof'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. 'Mitigation We understand that you have ,agreed to provide, stream and riparian wetland mitigation by payment into Restoration System Is, Cripple'Creek Stream &. Wetland ,Mitigation Bank; and the Ecosystem ,Enhancement ,Program (EER). A totalof 538 linear feet, of stream mitigation and 0.81 acre of riparian wetl "and rn'itigation 'is required for'impacting 299 , linearr feet of stream and 0.472 acre of riparian wetland as, a result of this project. Until Restoration Systems and ,EEP receive and clear your check, impacts specified in this 401 Water Quality Certification shall not occur. You have 60 days from the date of'this approval to make this payment. For'accounting purposes; this Authorization Certificate authorises payment into Restoration 'Systems and'EEP:to',meet the following compensa'tory�mitigation requirement: Green Hope Crossing D W R# °14 -0059 401APPROVAL Page 3' of 5 Mitigation Type of Impact 'Compensatory Mitigation River and Sub - Provider basin Number Restoration Wetland 0.5'6 (acre) Cape Systems Fear /03030002 EE_P Wetland 0.25 ('acre) Cape Fear /.03030002 Restoration Stream 448 (linear feet) Cape Systems Fear /03030002 EEP Stream 90 (linear feet) Cape Fear /.03030002, S. 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 th e 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., 6. Protective Fencing The outside buff_ er, 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. 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 Cert ification. 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. 8.. This approval and its conditions are final and binding unless,contested. This Certification can be contested as provided in ,Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing tothe,Office of Administrative Hearings (hereby known,as OAH). ,A petition form maybe, 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=w,ith any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, Green Hope Crossing DWR# 14 -0059 401 APPROVAL Page 4 of 5 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) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery 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: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Pas toI Service: Karen Higgins NC DENR -DWR — Webscape Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR -DWR — Webscape Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. Since ely, Danny S h, Supervisor` Water Quality Regional Operations Section Enclosure: 3890 Green Hope. Crossing DW.R# 14 -0059 401 APPROVAL Page,5.of 5' cc: U.S. Army Corps of Engineers; Raleigh Regulatory'Field Office; 3331 Heritage,Trad'e Drive;'St. 105; Wake Forest, .NC 27597 Troy Beasley; Withers and' Ravenel; 14,10 Commonwealth Drive, Ste. 101; Wilmington, NC, 28403 Jimmy Gaskins; Meritage Homes; 5400 Trinity Road;, Raleigh, NC -27607 DWR RRO 401 Files