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Home My WebLink About20140818 Ver 1_Approval Letter_20140811NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 11, 2014 JVI Development II INC Attn: Joey loanne 2509 Southwinds Run Apex, NC'27502 -6512 .John E. Skvar'la, III , Secretary DWR'# 14 -0818 Wake County ,Subject: APPROVAL OF401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS ,540 Flex Site Dear Mr. loanne: You have our approval for the impacts' listed below for the, purpose described Jn your application dated July 14, 20,14 and received by'the Division of Water Resources (Division) on August 1, 2014. These impacts are covered by the attached Water Quality General Certification Number 3,890 and the condition's listed b'el'ow,:, This certification' is associated with the use of Nationwide Permit Number 39 once it is issued to you by the U:S. Army Corps of Engineers. Please note that you should get any other federal, state or,local p�erm`its 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 approval requires you to follow the conditions listed in the enclosed certifications and the following, additional conditions: 1. The following, impacts are hereby approved provided that all ofthe other specific and -general conditions of the Certifications,, General Permit and/or Buffer Rules`are, met. N'o other impacts are approved, including incidental impacts. Type of impact Amount Approved Amount Approved '(units) (units) Permanent Temporary Wetland 0.05 (acres) 0 (acres) Noe Carol - tural North Carolina Division of Water Resources 1'628 Mail,ServicelCenter Raleigh, NC.27699 =1628 Phone'(919) 791-4200, Customer Service Internet www ncwaterquality org Location- 3800'Barrett Drive Raleigh,.NC 27609 Far (919)789,7'159 1 -874- 623 -6748 AwEquai Opportunity/Affirmative Action Employer — 50610 Recycled/10% Post Consumer' Paper 54,0'Flex Site DWR , #'14 -0818 401 APPROVAL Page ,2 of 4 2. ,Stormwater Management Plan (SMP) Approval from Local Community'130Uired 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 DWR Webscape Unit (1617 Mail Service Center, Raleigh, PX 27699 -1617) before any,impacts authorized in this certification occur. After it is approved and submitted to th'e, Division, the -SMP may not,be,modifi'ed without prior written authorization from the Townof,Apex. If the SMP is rmodified in the future, then you shall,p'rovid'e one modified SMP With proof of approval 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 through the`protected stream buffer&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 in the Pre -Const "ruction Notification: All' construction activities, including the design,'installation, operation, and maintenance of ,sediment and erosion control' Best Management Practices, shall be,performed so that ho 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 areas that have been approved to infringe`Wiihin the buffer, wetland oor Water prior to�any land disturbing_ ,activities to ensure compliance, with 1 -5 NCAC 02H;.0500. 6. This approval is for the purpose and design described in your application. The plans sand specifications for this project are incorporated by reference as part ofthe 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 thi's,approval_[letter and' General Certification and 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 1506,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: / /www.ncoah.com /'or'by ,540 Flex Site DWR # 14 -0818 401,APPROVAL P-age,3 of 4 Calling the OAH Clerk'"s Office at (919) ,43,1 -300,0 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,normal office fhours,(Monday through Friday between 8:00am and`5:00pm, excluding official'state,holid'ays). The petition may be faxed to the OAH „at (919) 431 -3100, provided the,original, and one copy of the petition along With any'applicabl&OAH filing fee is received by the OAH within five f(5) business days following the faxed'`transmission., Mailing address for�the -OA'H: If sending by First Class Mail via,the US Postal Service:= Office of'Administrati"ve, Hearings 6714 Mail Service Center Raleigh, NC,27699 -6714 If sending, Viar delivery service (e.g. UPS, 'FedEx): Office of Administrative, Hearings 1711`New Hope Church Road Raleigh, NC.27609 -6285 One (1) copy ofthe,petiti'on 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 sendin4 by First,Class °Mail via the US,Postal Service: Karen Higgins NC DENR -DWR — Webscape Unit 1617 Mail Service Center° Raleigh, NC, 27699=1617 If sending via delivery service (e.g.� UPS, FedEx): Karen Higgins NBC D,ENR -DWR — .Webstape Unit 512 N. Salisbury Street Raleigh, INC 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 cherr;i.smith @ncdenr.gov if you have any questions or concerns. 540 -Flex Site D W R 4 14 -0818 401 APPROVAL Page 4 of 4 n y , ,/2� rQuality ,Danny Smit Supervisor, ategional Qperations Section Enclosures: 3890 cc: U.S. Army Corps of Engineers; Raleigh, Regulatory Field, Office;.3331 Heritage, Trade Drive, St. 105; Wake Forest, NC'27591 Jeff Harbour; ESI; 524,South New Hope Road; Raleigh, Nt 27610 DWR RRO "401 Files