Loading...
HomeMy WebLinkAbout20120471 Ver 2_Approval Letter_20140624A=4*A NCDENR North Carolina Departmentof Environment and Natural Resources Pat McCrory John E. Skvarla„ III Governor 'Secretary June, 24, 2014 DWR # 12 -0471 "v2- Wake County KRG /PRISA II' Parkside, LLC c/o Kite'Realty'Group Attri: David George 30 South_ Meridian'St., Ste. 1 100 Indianapolis, IN 46204 Subject: APPROVAL OF 401 WATER QUAL'ITY'CERTIFICATION WITH ADDITIONAL CONDITIONS NC 55Southbourid LaneLAddition,= kit, Creek, Culvert Dear Mr. George: , You ,haveour approval for the impacts listed below for the purpose described in your application dated April 30; 2014 and received by,the Division,'of'Water Resources (Division) on May 14, 2b14, with, additional, information received on June 11, 2014. These'irnpacts are covered by'the, attached Water °Quality General Certification (WQC) Number 3886 and the conditions listed below. WQC Number 3886 is associated with the use, of °Nationwide Permit Number 14 once it is issued to you by the'U.S. Army Corps of Engineers. Please note1h4t,you,shoul'd get any�other federal, state, or )ocal permits before, proceeding with youi-,proj'ect, including those required, by (but .not limited to) Sediment,and' Erosion Control,. Non. - Discharge, and Water Sup- ply'Watershed regulations. This 401 Certification1or DWR #12 -0471 v2-,dated June 24,-2014 replaces the 401 Certification for DWR #12- 0471 dated May 22,20-12. This approval requires you to follow the - conditions listed in the enclosed certification and the following additional °conditions: 1. The following Jmpacts are herebyda,ppr-oved,provided that all of the other specific and' genera( conditions of the `Certification, General Permit and /or Buffer Rules ate ,met. No other ftpacts are approved', including inerid'ental,irmpacts. One NwhCarol Natural, NorftCarohna Division of Water Resources 1628 Mall Servlee Center Raleigh; NC 27699 -1'628 ,Phone (919)x,79,1,4200 Customer Service Internet 'www ncwaterquality org 'Location 3800 Barrett,Dnve Raleigh, NC 27609 Fax (919).788 =7159 1- 877 =623 -674& An Equal Opportun4/Affirnrative Action' Employer— 50VRecycled/10 °/a Post Consumer Paper NC'55 Southbound Lane Addition DWR# 12= 0471v2l 401 APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units)'; Temporary, Wetland 0�(acres) 0.01 ;(acres) Site 1 Wetland 0:02 (acres) 0.02 (acres) Site 2 'Wetland' 0.01 (acres) 0.02 (acres) Site 1 Stream 15 ,(linear feet) 61 (linear feet) Site 4 2. N "o Waste, Spoil, Solids, ,or Fill' of Any Kind' , 'No waste, spoil, solids; 'or fill' of'an.y kind shall occur in wetlands, Waters, or riparian areas beyond thei 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 stanclards, statutes, or rules occur. 3. Protective, Fencing, The .outside buffer,; wetland or water'boundary,and =along the,construction corridor within these boundaries approved under thissauthorization shall be clearly marked with; orange warning fenting,(or sirfiilar 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. 4. This, approval, is for the purpose and design described in your application. The [plans and specifications forth'is project are'incorpoi-ated by reference as part of °the Certification. 'If you change your project; you,must notify the Division and you may be required to submit anew application. package with the appropriate fee. If the pco,perty;is sold,�the`new ow,ner,must be ,given a' copy of this approvpNetter and General Certification and is responsible for complying with a'll, conditions. 5. This approval and its.co.nditions are final and bin, ding,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, Adrninistrative`Hearings QTEreby :known °as OAH). A petition form rnay,b&obtained frornthe OAH at http: / /www.n_coah.com/ or by ,calling the OAH Cferk's'O,ffice at(9,19) 431 -3000 for information. With in'thirtyl(30) calendar days of receipt of this notice; a petition must'be filed with the,OAH., A, petition is considered filedwhen the original, and one (1) copy along with anyapp'licable OAH filing NC 55 Southbound Lane Addition DWR# 12- 0471v2 401APPROVAL Page 3 of 4 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 1617 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. ric ly, Danny Smith Supervisor, Water Quality Regional Operations Section Enclosure: GC 3886 NESS3nuthbound Lane Addition �DVVR#1Z{n47lvZ 40IAPPROVAL s�� U�iArn�yGo��s�fEn 'neem�Ra|e�`A Field Of0ce;�{33lHer�ageTnade DMve,St-1 '; Wake Forest, |N[37597 Melissa Rviz-;' ntecCon ' g Services; 8O1 Jones- Fra-nhJin Road, L$te.3O0')-Raleigh, NC 2,7606 ' DWR*RRQ4OlFiire& '