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Home My WebLink About20140078 Ver 1_Approval Letter_20140221fija, 12= 'NCDENR North, Carolina Department of Environment and Natural Resources Division of Water Resources. Water Quality Programs Pat- McCrory Thomas A. Reeder ,John E,. Skvarla„ III Governor Director Secretary February 21;'2014 JVI,Development II Inc. Joseph lonnane 2509 Southwinds Run Apex, NC 26502 -6512 'DWR'# 14 =0078 Wake,County Subject:' APPROVAL'OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Siena and Verona DeariMr. lonnane: You have our,approval for the impacts listed' below for the purpose described in your application dated January 16, 2014 and received by the Division of,Water Resources (Division) on January 23, 2014. These impacts are,coyered by the attached Water - Quality General Certification_ Num•ber 3890 -and the conditions listed below. This .cer;tification `is.associated with theruse of'Nation.Wide Permit'Number29 once it�is,issuecllo you by the U S. Atmy Corps of Engineers. Please note that -you sh -ould get any otherfedera`I, state or local permits before proceeding•with your project,'including those required by,(but not,Jirhited to) Sediment and Erosion Control, Non- Discharge,,and Wa"ter'Supply Wat&sh,ed ,regulations. This'approval requires you to follow the conditions listed'in,the enclosed certification and the following additional conditions! • •1 1. `Thefollowirig�im pacts' are h-ereby'approwed provided 'that A1,ofthe 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 Imp_ act. Amount Approved {units) Permanent Amount,App_ loved (units) Temporary Wetland 0.16 (acres) 0 (acres) Stream 1'35 .(linear feet) 0 (linear'feet) Site 1 One , NorthCarolina Aaturallbr ,North Carolina DiJision ofwater Resources 1628 Mad Service Center, Raleigh, NC °,27699 -1,628 Phone (019),791-4200 Internet - www rimaterguality orq Location 3800 Barrett,Drive Raleigh, NC 2.7609 iFax. (919),788-7459 - An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% PosfConsumer Paper Siena,and Verona DWR# 14 -0078 401 APPROVAL Page 2 of 4 Stream 0 (linear feet) 12 (linear feet) Site 2 2. Stormwater,Management PlanISMP) 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 D,W,R 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,approyal 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.th rough 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 irrthe Pre - Construction Not AIL 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. ,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 warning fencing (or similar high visibility material) for-the areasthat have been approved to infringe within the buffer, wetland or water prior to any "land disturbing activiti'es,to ensure compliance with 15 NCACO2H :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. `,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'an'd is responsible for complying with all conditions. 7. 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:Hwww.ncoah.com/ or by calling•the OAH Clerk's Office at (919) 431 -3000 for information. Siena and Verona DWR# 14 -0078 401 APPROVAL Page 3 of 4 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 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. `; -Sinc ely, 1. f Danny Smith Supervisor, Water Quality Regional Operations Section Siena and Verona Dw,R# 14 -0078, 401-APPROVAL Page 4 of 4 Enclosure: 3890 cc: U.S. Army Corps of Engineers; Raleigh Regulatory' Field' Office; 3331 Heritage Trade Drive, 5t. 105; Wake Forest, NC 27597 Jeff Harbour; ESI; 524.South New Hope Road; Raleigh, NC 27610 DWR RRO 401 Files I