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
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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