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Home My WebLink About20140635 Ver 1_Approval Letter_20140702NCDENR. North'Carolina Department of Environme "nt and Natural Resources Pat McCrory Governor July 2, 2014 Meeitage Homes of the, Carolinas;. Inc. Attn: Patrick Adams - 17851 North •85" _St:; Ste. 300 S'cottsda'le, AZ 85255 John E. Skvalla, III Secretary DWR # 14 -0635 Durham, County Subject: APPROVAL OP401 WATER,QUALITY CERTIFICATION WITH,ADDITIONAL CONDITIONS Meadows at Southpoint Dear,M'r: Pat-rick: You have Our approval for the; impacts listed below for,the� purpose described in ,your, application dated 'June 18, 2014 and received by the, Division of Water Resources'(Division) on.June,20,'2014°. These impacts are,covered'by`the'attached Water,,Quality Genera[ Certi'ficati'on Numbers 3884 and - 3886 and the conditions listed below. This certificatioh Is associated, With the use of'Nationwide, Permit:Numbers'12 and 14 once they are issued to you by the U., S. Army Corps of Engineers. Please no'te•that,you should getfany other federal, state oraocal ermits 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 approvjllequires you to.followfhe conditions llsted',irl the enclosed certifications and the, following;ad'ditional conditions: 1. The following impacts are hereby approved provided that all of the other specific.and general conditions of,theCertifications, General Permit,,and /or Buffer1Rul'es are mwet. No other impacts are approved, including'incidental °impacts., 'Type of Impact Amount Approved Amount Approved ('units) . (;units) Permanent Temporary 'Wetland 0.;00045 (acre's) 0 (acres) Impact #1 None 'Carol �tura! North Carolina�Div,ision oPWaterResources, 1628 Mail Servtce.Cent6r, Raleigh; NC 27699 =1628 Phone,(919) "791 -4200' Custorner-SeNice Intemet wwwncwaterquahty.org L "ocatwn 3800,13arrett Drive Raleigh, ,'NC 27609 Faz (919) 788 -7159 ' 1 -877 -623 -6748 An Equal Oppo6nity /Affirmative ActionlEmployer — 50 0/o'Recycled110% Post ConsumerRaper Meadows at Southpoint DWR414 0635 401APPROVAL Page 2 of 4 Stream 10 (linear feet) 0'(linear feet) Impact #2 Stream 0 (linear feet) 50 (linear feet) Impact, #3 Z. Stormwater, Management�Plan (SMP,) Approval frorh,'Local,Community Required You are required to p"rovide,one copy (hard.copyior digital) o,f the approved SMP, includin,g_, plan deta'il's on full -sized plan sheets, with proof offhe, City of Durham's approval. 'The approved SMP shall be,subrnitted'to.the DWR,Webscape Unit '(1650 Mail Service, Center,, . Raleigh, NC 27699 -1650) bdforeany 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 City of Durham. 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,modifi'cations.. 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. No'Waste, Spoil, Solid's, or Fill'of Any Kind Norwaste, spoil, solids, or, fill of any kind, shall occur'in wetlands,`Waters, oe'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 BestM'anagerne.nt Practices, shall be p`erformed,so that no violationsof',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;rnaterial) for the areas that have been approved to infringeWithin,the buffer,,"wef land or Water -prior to any land disturbing activities to ensure compliance with 15 NCAC'02W0500. 6. This:approva_'I `is for the purpose and design'described'in your application;The plans and specific ationsfor this, project are iincorporated, by ireference,as part of .the, Certification. If'you change your, project,lyou,m`ust notify the Division and you m'ay be, req,ui red, 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,. 4 Meadows at Southpoint - DWR,# 14 -0635 .401_ APPROVAL Page 3 of 4 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 1SOB by filing a written petition for an. administrative hearinglo the Office of Admini 'strative,Heari'ngs;(hereby known as OAH). A petition form maybe obtained from the OAH at http: / /,www:ncoah.com/ or by calling,the OAH'C,lerk'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 norrna'loffice hours,(Monday'through Friday_ between:8 00am and 5:00pm,,excludi'ng official state, holi'days)_ Thepetition may be 'fared to the OAH at,(919) 431 -3100, provided,the original and,one copy of the petition along with any`applica_'ble 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: OfficeofAdministrative 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 Churcli'R'oad . Raleigh, ;NC 27609 -6285 One (1), copy of the petition ,must.also, be served; to ,D'ENR: Lacy Presnell, General' Counsel Department of ,Environment.and Natural Resources. '1601 Mail,Service, Center Raleigh,.N,C'27699.1601 Please send one (1) copy of the petition to DWR: If sending by, First Class Mail via the US Postal Service: Karen,fliggins `NC DENR - DWR — Websca(pe Unit 1650 Mail Service Center Raleigh, NCI.7.699 -,1650 If sending via delivery service (e.g. IJPS, ,FedEx): Karen :Higgins NC DENR -DWR = Webscap'e, Unit 512 N. Salisbury Street Raleigh, NC 27664 MEe dows,at South point, DVV•R.# 14,'063$ ,401 APPROVAL Page 4'of 4' This``,letter,�sompletesthe� review of the Division under section 40-1 of°the,Clean Water Act. Please contact,Cherri Smith at' 919 =791= 4251,or,chetri .smith @ncdenr..gov,if•yow, have anyque`stions or rconcerns. Si rely; Danny;Srriith - S'up,ervisor, Water Quality Regional, Operations Section Enclosures: 3884 and 3886' cc:, 'u:5 -Army Co_rps,of Engineers; Raleigh R'egulatoryfield Office;,,3311`He_ritage Trade ;Drive, St. 105,; Wake Forest, NC'27'5,97 Ji'm,Spangler; Spangler Enviinohmental;.4338 Bland Road ,,Raleigh; NC,27609 4DWR RRO 401 Files