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Home My WebLink About20190172 Ver 2_Approval Letter_20230206DocuSign Envelope ID: 5C7D1 F6D-ODDF-4531-A5CE-7FA7FE3316A5 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality February 3, 2023 DWR # 2019-0172v2 WQC005624 Wake County Inter Church Council Housing ATTN: Wanda Seamans 106 N. Elliott Road C-1 Chapel Hill, NC 27574 (Sent via email to wanda.seamans@rpmmanaged.com) Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Chase Park Apartments Stream Bank Repair Dear Ms. Harmon: Attached hereto is a copy of Certification No. WQC005624 issued to Ms. Wanda Seamans and Inter Church Council Housing, dated February 3, 2023. This approval replaces the previous approval issued April 8, 2019 that expired prior to the start of construction and was previously covered under Water Quality General Certification Number 4134. The plans and specifications for this project are incorporated by reference as part of this Water Quality 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 this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the NORTH CAROLINA Department M Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: 5C7D1 F6D-ODDF-4531-A5CE-7FA7FE3316A5 Page 2 of 5 determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 £ D_E NORTH CAROLINA Department of Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: 5C7D1 F6D-ODDF-4531-A5CE-7FA7FE3316A5 Page 3 of 5 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Sue Homewood at sue.homewood@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: '-A43C72700BD543E... Katie Merritt, Acting Supervisor 401 & Buffer Permitting Branch cc: Emma Radford, Kimley Horn (via emma.radford@kimley-horn.com) DWR 401 & Buffer Permitting Branch file £ D_E NORTHCAROLINA Department of Environmental Deep File Name: 20190172v2_Chase Park Apartments Stream Bank Repair (Orange)_401 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: 5C7D1 F6D-ODDF-4531-A5CE-7FA7FE3316A5 Page 4 of 5 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005624 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Ms. Wanda Seamans and Inter Church Council Housing, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on December 13, 2022, and fee received by the Division of Water Resources (Division) December 14, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1— Bank Stabilization 221 (linear feet) 0 (linear feet) CONDITION OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Raleigh Regional Office to ensure the stability and water quality of the stream and downstream waters. Citation: 15A NCAC 02H .0506(b)(1), (2) and/or (3) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. Please note that the proposed buffer impacts must be approved by the Town of Chapel Hill before any impacts authorized in this certification occur. The Town of Chapel Hill is the authority responsible for the Jordan Lake Watershed buffer rules in this area. Please be aware that impacting streams and the Neuse riparian buffer without first securing the issuance of a 401 Water Quality Certification and Buffer Authorization is a violation of Title 15A NCAC £ D_E NORTH CAROLINA Department of Environmental Quality North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center 1 Raleigh, North Carolina 27699-161 I 919.707.9000 DocuSign Envelope ID: 5C7D1 F6D-ODDF-4531-A5CE-7FA7FE3316A5 Page 5 of 5 02H .0500. Pursuant to G.S. 143-251.6A, these violations and any further violations may be subject to a civil penalty assessment of up to $25,000.00 per day for each violation. [15A NCAC 02H .0500 This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] KSR D_E NORTHCAROLINA Department of Environmental Deep This, the 3rd day of February 2023 - DocuSigned by: ItkgAAAt '-A43C72700BD543E... Katie Merritt, Acting Supervisor 401 & Buffer Permitting Branch North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000