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&
'