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Home My WebLink About20140274 Ver 1_Approval Letter_20140731M, NC® NR North'Cerol' ina,IDepartmehtof ,Enwiro- nm,entran'd'N'atural Resources Pat McCrory John E., Skvarla, 111 Governor Secretary J ley 31, 2014 J OWB, #" 14 -0274 G "ra- nv,ille County BruceGulleY 7501 S'agewood Court Ralpeigh,'NC 27615 Subject: AFTER-THE-TACT APPROVAL OF'401 WATER, QUALITY CERTIFICAT,IONWITH,ADDITIONAL- CONDITIONS AUTHORIZATION 'CERTIFICATE,PER,THE,NEUSE RIVER BASIL RIPARIAN BUFFER = PROTECTION' RULE9,(15A NCA'CL026 .0233) WITH ADDITIONAL- CONDITIONS Ironwood Subdivision phase 11, Dear,iVlr.,Gully- Yowhave our app"rova'I for'the impacts lis'ted,below foi _the.purpose.described ' in you it,app,lication. dated March 10,.2014,an l received byth, e,Divi' ion'of�Water Resources (�Divisignf.on'March'.24 ;' 2014.w th,additiona'I'information received�onJune•25, 2014. °These,impacts,are covered by°the, attached,,Wl te'r-,Qua 'lity,,GenerjlCCertif•icati'on Number; 3890�and,the, conditions ,lis`tedbelow. This,, certification' s associated with the use of`Nationwid'e; Permit Number 29,once it is issued io you, by the,U.S.,Ar.m,y Corps of ',Engineers. Please note thatyou shouid,gef an,y; otherfederal,, ^state or local permits before proceeding °wiih,your project; `inciudirig,ihose,required by (butnot "limited .`to) Sediment'and,'Erosion Control,, Non - Discharge, and'Water'Sup'ply Watershed regulations. This, approval requires',you.to followthe� conditions listed in, the enclosed, certification and the, full "owing "additional conditions •1. The- folloWingsirripacts are,hereby'ap,proved provided that all•of the oth&r'specific an,'d general - conditions of the,'Certification, General Permit and /or•Buffer R, gjes we met. No,other impacts are approved, including,inciderital'impacts: ` 'One - NoAhCarol Natural North Carolina Divrsiom6f,=WatCr Resources 1628 Mad ServiceFCenter Raleigh „NC 27699 -1628 Ph6ne''(919) 79,1° -4200 CustornerlSerVice Internet www ncwaterqualitybrg Location 3806a13arrettbrive Raleigh „NC, 27609 Fax (919)'788 -7159 -1-87;7-623.6748'- AmEquaiLQpportumtylAffirmabve Action;Employer- 50 %o Recycled110 %, Post, Consumer Paper Ironwood Subdivision Phase II DWR# 14 =0274 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount.Approved (units) Temporary Wetland 0.014 (acres) 0 (acres) Stream 5,0 (linear feet) 0 (linear feet) Buffers — Zone 'l 3,178, (square,feet) 0 (square feet) ___ Buffers — Zone 2 2,298 (square feet) 0 (square feet) 2. Low Density Development The Division approves this project as a low density development because the site plan depicts an impervious surface area no greater than 24 %. The following conditions apply: a) A deed restriction shall be placed on the tract,in order to limit the amount of impervious surface area to no greater than 24 %. b) This °tract shall be held; transferred,'sold, conveyed, developed and, occupied subject to the requirement that upon development of this tract, the then owner -shall develop a�' stormwater management plan approved by the Division if the total impervious area resulting from development of the property is more than 24% of the total area of the property. c) This restriction contained herein shall be binding upon the owner's successors and assigns, and shall be perpetual and run with the land until released or amended by a release or amendment approved by the Division. d) The deed restriction shall' be filed with the Register of Deed s,'Granvlle County, North Carolina. If a compliance inspection reveals an impervious surface area of greater than 24 %, then you will be in violation of this Condition and will be required to comply with the requirements of General Certification 3890. 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;notre- concentrate: before discharging into a stream. 4. No Waste, Spoil, Solids, orfill 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 sothat no violations of state water quality standards, statutes,,•or rules occur. Iro_nwo_ od Subdivision Phase II DW R# 14 =0274 401 AND BUFFMAPPROVAL Page 3 of 4 5'.. Protective Fencing, The outside buffer, wetland or water boundary and along °the construction corridor within theseboundaries approved under this'authorization, shall be elearly'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 disc- r,bing,activities to ensure 'compliance with, 15 NCAC 02H .0500. 6'. This approval, is f6r the, purpose; and design described in your, °application.` The plans and specifications "for this, project are, incorporated by reference as' part of the Certification ,an,d Buffer Authorization. Ifydu change your-project, you must'notify-the Division ,and you maybe, required to submit.a new application package -With the appropriate fee. lUthe, property °is sold, 'the new owner must- bb given a copy of thi's approval letter and GeneralCer'tification and 'is responsible for complying,w_ith ,aI1,conditions. 7., This approval and its conditions are final °and binding'unless ,contested. Th'isCertification and Buffer °Authorization 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 maybe obtained from the OAH at- http: / /WwW.ncoaih.com/` or _,by call'ing,ihe- 0A- H Cl`erk's Office at (919) 4313000 for information. Within thirty,(30) calendar,days of receipt cif thi's,notice,, a petition must!be ,filed; with theOAH:.A petition is considered filed when the :original and one (`X copy along with, any app'licab'I,e' OAH' filing_ fee is received in the OAH during normal, office hours (Monday through Friday between 8 :00am and =5:00pm, excluding official state ho`lidays): The petition may be-faxed to the iOAH at (91%43-173100, provided the original ,and cone copy of the petition along With�any applicable`OAH filing fee, is received , byAhe -OAH within five (5) business days following theJaxed transmiss(on. Mailing addressfor.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- -Jf sending via delivery'service fe.g: UPS,, FedEx)': Office of'Ad'ministrative'Hearings� 1711 New Hope Church, Road Raleigh, NC 27609 -6285 One,(1) copy ofth-e petition must also be�served tq,.D,ENR:. '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 -1617 Ironwood Subdivision Phase,ll 'DWR# 14 -02 -74 401 AND BUFFER APPROVAL Page 4 of-4 If sending via delivery,service (e.g. UPS, FedEx). Karen Higgins NC DENR -DWR — Webscape Unit 512;,. Salisbury Street Raleigh, NC 27604 This letter completes `the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B :0233 . Please contact Cherri Smith at 919 - 791 74251 or cher,ri.smith @ncdenr.gov if you have any questions or concerns. Once ely, Danny Smit Supervisor, Water Quality Regional Operations'Section Enclosure: GC 3890 CC-' U.S: Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 Michael Crowley; CAAengibeers, Inc.; 5800 Clovis Ridge Drive; Wake Forest, NC 27587 Chris Hopper; 609 Sarazen Drive; Clayton,•NC 27 -527 DWR RR0,401 Files