HomeMy WebLinkAbout20072022 Ver 4_Approval Letter_20150625NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 25, 2015
RREF II -FH Sierra LLC
Attn: Aimee Carlson
2840 Plaza Place, Ste. 360
Raleigh, NC 27612
Donald R. van der Vaart
Secretary
DWR # 07 -2022 v4
Durham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Laurel Grove Phase 1 (F /k /a Sierra Phase 1)
Dear Ms. Carlson:
You have our approval for the impacts listed below for the purpose described in your
application dated June 4, 2015 and received by the Division of Water Resources (Division) on
June 4, 2015. These impacts are covered by the attached Water Quality General Certification
Number 3890 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 29 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 permits 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 401 Water Quality Certification
(WQC) and Authorization Certificate per the Neuse Riparian Buffer Rules dated June 25, 2015
replace the WQC and Authorization Certificate dated February 20, 2014.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. (15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0233(8)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http : / /portal.ncdenr.org /web /wq /aps
1628 Mail Service Center, Raleigh, NC 27699 -1628. Phone: (919) 791 -4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788 -7159
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
Type of Impact
Amount Approved
(units)
Permanent
Stream
0 (linear feet)
Sewer ( #1)
Stream
0 (linear feet)
Sewer ( #3A)
Stream
0 (linear feet)
Sewer ( #3B)
Stream
0 (linear feet)
Sewer ( #4)
Stream
137 (linear feet)
Road Crossing ( #5)
Stream
0 (linear feet)
Sewer ( #6)
Stream
262 (linear feet)
Road Crossing ( #7)
Stream
21 (linear feet)
Fill /Diversion ( #7)
Stream
1 115 (linear feet)
Road Crossing ( #8)
Stream
30 (linear feet)
Road Crossing ( #9)
Buffers —zone 1
9.,131 (square feet)
Sewer — Parallel ( #1)
Buffers — Zone 2
11,294 (square feet)
Sewer — Parallel ( #1)
Buffers —zone 1
1,888 (square feet)
Sewer —
Perpendicular ( #1)
Buffers — Zone 2
1,383 (square feet)
Sewer —
Perpendicular ( #1)
Buffers —zone 1
471 (square feet)
Trail ( #1)
Buffers — Zone 2
0 (square feet)
Trail ( #1)
Buffers —zone 1
1 1,007 (square feet)
. Bypass Channel ( #2)
Buffers — Zone 2
1 897 (square feet)
Laurel Grove Phase 1
DWR# 07 -2022 v4
401 AND BUFFER APPROVAL
Page 2 of 8
Amount Approved
(units)
Temporary
31, (linear feet)
46 (linear feet)
59 (linear feet)
32 (linear feet)
10 (linear feet)
41 (linear feet)
0 (linear feet)
0 (linear feet)
0 (linear feet)
0 (linear feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
Bypass Channel ( #2)
Buffers — Zone 1
0 (square feet)
Trail ( #2)
Buffers — Zone 2
1,860 (square feet)
Trail ( #2)
Buffers — Zone 1
0 (square feet)
Sewer — Parallel ( #3A)
Buffers — Zone 2
1 1,137 (square feet)
Sewer — Parallel ( #3A)
Buffers —Zone 1
1,810 (square feet)
Sewer —
Perpendicular ( #3A)
Buffers — Zone 2
899 (square feet)
Sewer —
Perpendicular ( #3A)
Buffers — Zone 1
557 (square feet)
Bridge & Trail ( #3A)
Buffers — Zone 2
462 (square feet)
Bridge & Trail ( #3A)
Buffers — Zone 1
6,364 (square feet)
Sewer — Parallel ( #3B)
Buffers — Zone 2
6,483 (square feet)
Sewer — Parallel ( #3B)
Buffers —zone 1
3,993 (square feet)
Sewer —
Perpendicular ( #3B)
Buffers — Zone 2
533 (square feet)
Sewer —
Perpendicular ( #3B)
Buffers —Zone 1
0 (square feet)
Trail ( #3B)
Buffers — Zone 2
408 (square feet)
Trail ( #3B)
Buffers —zone 1
6,525 (square feet)
Sewer — Parallel ( #4)
Buffers — Zone 2
7,101 (square feet)
Sewer — Parallel ( #4)
Buffers —Zone 1
1 1,916 (square feet)
Sewer —
Perpendicular ( #4)
Buffers — Zone 2
851 (square feet)
Laurel Grove Phase 1
DWR# 07 -2022 v4
401 AND BUFFER APPROVAL
Page 3 of 8
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
1 0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
Laurel Grove Phase 1
DWR# 07 -2022 v4
401 AND BUFFER APPROVAL
Page 4 of 8
Sewer —
Perpendicular ( #4)
Buffers —zone 1
360 (square feet)
0
(square feet)
Bridge and Trail ( #4)
Buffers — Zone 2
16 (square feet)
0
(square feet)
Bridge and Trail ( #4)
Buffers —zone 1
8,595 (square feet)
0
(square feet)
Road Crossing ( #5)
Buffers — Zone 2
6,280 (square feet)
0
(square feet)
Road Crossing ( #5)
Buffers —zone 1
92 (square feet)
0
(square feet)
Sewer — Parallel ( #6)
Buffers - Zone 2
793 (square feet)
0
(square feet)
Sewer — Parallel ( #6)
Buffers — Zone 1
2,246 (square feet)
0
(square feet)
Sewer —
Perpendicular ( #6)
Buffers - Zone 2
1,416 (square feet)
0
(square feet)
Sewer —
Perpendicular ( #6)
Buffers —Zone 1
364 (square feet)
0
(square feet)
Trail ( #6)
Buffers — Zone 2
11 (square feet)
0
(square feet)
Trail ( #6)
Buffers —zone 1
267 (square feet)
0
(square feet)
Bypass Channel ( #6)
Buffers — Zone 2
0 (square feet)
0
(square feet)
Bypass Channel ( #6)
Buffers —Zone 1
1 7,849 (square feet)
0
(square feet)
Road Crossing ( #7)
Buffers — Zone 2
5,290 (square feet)
0
(square feet)
Road Crossing ( #7)
Buffers —zone 1
6,790 (square feet)
0
(square feet)
Road Crossing ( #8)
Buffers — Zone 2
4,586 (square feet)
0
(square feet)
Road Crossing ( #8)
Buffers —Zone 1
1,718 (square feet)
0
(square feet)
Road Widening ( #9)
Buffers — Zone 2
2,681 (square feet)
0
(square feet)
Road Widening ( #9)
Buffers —zone 1
231 (square feet)
0
(square feet)
0
Laurel Grove Phased
DWR# 07 -2022 v4
401 AND BUFFER APPROVAL
Page 5 of 8
Sewer —
Perpendicular ( #10)
Buffers —Zone 2 747 (square feet) 0 (square feet)
Sewer —
Perpendicular ( #10)
2. Mitigation Using Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division understands that 292 feet of stream credits have been previously paid (receipt
dated December 1, 2014). The Division has received an acceptance letter from the EBX -
Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank or EBX —EM
sponsored Forrest Creek Mitigation Bank to meet the mitigation requirement for 273 feet of
additional stream credits needed for this project. In addition, the Division has received an
acceptance letter from EBX Neuse Riparian Buffer. Umbrella Mitigation Bank, EBX -EM
Forrest Creek Riparian Buffer Mitigation Bank, or EBX Upper Neuse Riparian Buffer Umbrella
Mitigation Bank to meet the mitigation requirement for riparian buffers. Until EBX receives
and clears your payment, and proof of payment has been provided to this Office, no
impacts specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to EBX to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation River and Sub -
Required basin Number
Stream 565 (feet) Neuse 03020201
292 feet previously paid with
273 feet remaining to be paid
Riparian 133,023 (square feet) Neuse 03020201
Buffer
3. Stormwater Management Plan (SMP) Approval from Local Communitv Reauired
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 City of Durham's approval. The
approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail
Service Center, Raleigh, NC 27699 -1617) before any 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 401 &
Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H
.0506(b)(5)]
Laurel Grove Phase 1
DWR# 07 -2022 v4
401 AND BUFFER APPROVAL
Page 6 of 8
4. Diffuse Flow
All stormwater must 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. [15A NCAC 02H .0506(b)(5)]
5. No Waste, Spoil, Solids, or Fill of Anv 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 so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501
and .0502]
6. 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 within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
7. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification and
Buffer Authorization. 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 approval letter and General Certification
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
8. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5]
This Certification 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 may be obtained from the
OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk'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 normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
Laurel Grove Phase 1
DWR# 07 -2022 v4
401 AND BUFFER APPROVAL
Page 7 of 8
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:
Sam Hayes, 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 — 401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR — 401 & Buffer
Permitting Unit
512 N. 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 -4251 or cherri.smithCcDncdenr.eov if you have any questions or concerns.
Sincerely,
Z)a 'a 4, �'CV41�
Danny Sm th
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3890
Laurel Grove Phase 1
DWR# 07 -2022 v4
401 AND BUFFER APPROVAL
Page 8 of 8
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
Deborah Shirley; Soil & Environmental Consultants, PA; 8412 Falls of Neuse Rd., Ste.
104; Raleigh, NC 27615
DWR RRO 401 /Buffer file