HomeMy WebLinkAbout20140087 Ver 1_Approval Letter_20140214Pat McCrory
Governor
Adam Ashbaugh
516 N. West Street
Apex, NC 27603
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
February 14, 2014
John E. Skvarla, III
Secretary
DWR # 14 -0087
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
The Preserve at White Oak Creek
Dear Mr. Ashbaugh:
You have our approval for the impacts listed below for the purpose described in your application dated
January 22, 2014 and received by the Division of Water Resources (Division) on January 24, 2014. 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
Wetland
0.06 (acres)
0.01 (acres)
Impact B
Wetland
0.08 (acres)
0.01 (acre)
Impact D
No e hCarolina
Naturallrm
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200
Internet: www.ncwaterguality.org Location: 3800 Barrett Drive Raleigh, INC 27609 Fax (919) 788 -7159
An Equal Opportunity /Affirmative Action Employer -50% Recycled /10% Post Consumer Paper
The Preserve at White Oak
DWR# 14 -0087
401APPROVAL
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Wetland
<0.01 (acres)
0 (acre)
Impact E
Wetland
<0.01 (acres)
<0.01 (acre)
Impact F
Wetland
<0.01 (acres)
0 (acre)
Impact G
Wetland
<0.01 (acres)
0 (acre)
Impacts H and I
Stream
152 (linear feet)
0 (linear feet)
Impact A
Stream
135 (linear feet)
0 (linear feet)
Impact B
Stream
129 (linear feet)
0 (linear feet)
Impact C
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 not
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. Mitigation
You have agreed to provide stream and riparian wetland mitigation by payment into the Ecosystem
Enhancement Program (EEP). A total of 439 linear feet of stream mitigation and 0.5 acre of riparian
wetland mitigation is required for impacting 416 linear feet of stream and 0.19 acre of riparian wetland as
a result of this project.
Since this project is going to be conducted in two phases, the mitigation payment is also going to be
phased. Phase 1 involves payment for 304 linear feet of stream mitigation and 0.25 acre of riparian
wetland mitigation. Phase 2 involves payment for 135 linear feet of stream mitigation and 0.25 acre of
riparian wetland mitigation.
Until EEP receives and clears your checks, impacts specified in this 401 Water Quality Certification shall not
occur. You have until July 31, 2014 to make the payment for impacts for Phase 1 of this project. In
addition, payment for mitigation for Phases 1 and 2 of this project must be made before any impacts
The Preserve at White Oak
DWR# 14 -0087
401 APPROVAL
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occur. This Authorization Certificate authorizes payment into EEP to meet the following compensatory
mitigation requirement:
Mitigation
Type of Impact
Compensatory Mitigation
River and Sub -
Provider
basin Number
EEP
Wetland
0.5 (acre)
Cape
Fear /03030002
EEP
Stream
439 (linear feet)
Cape
Fear /03030002
5. 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.
6. 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.
7. 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. 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 to the Office of Administrative Hearings (hereby known as OAH). A
petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office
at (919) 431 -3000 for information.
Within thirty (30) 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 with any applicable OAH filing fee is received in the
OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The Preserve at White Oak
DWR# 14 -0087
401APPROVAL
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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 Postal 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.
Sincere
1�7 Z D
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: 3890
The Preserve at White Oak
DWR# 14 -0087
401 APPROVAL
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cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;
Wake Forest, NC 27597
Phil May; Carolina Ecosystems Inc.; 3040 NC Hwy 42 West; Clayton, NC 27520
DWR RRO 401 Files