HomeMy WebLinkAbout20160495 Ver 1_Approval Letter_20160629Water Resources
ENVIRONMENTAL QUALITY
June 29, 2016
Mungo Homes
Attn: Geoff Shiley
2514 Reliance Ave.
Apex, NC 27539
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR #16-0495
Wake County
Subject: GENERAL PERMIT FOR ISOLATED WATERS IMPACTS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (1SA NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Poplar Creek Subdivision
Dear Mr. Shiley:
You have our approval for the impacts listed below for the purpose described in your
application dated May 10, 2016 and received by the Division of Water Resources (Division) on
May 13, 2016 with additional information received on June 14, 2016. Non-404/Isolated Waters
impacts are covered by State General Permit Number IWGP100000 and the conditions listed
below. 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 approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
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)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
81 (linear feet)
j 0 (linear feet)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.nedenr.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
Poplar Creek Subdivision
DWR #16-0495
ISOLATED WATERS AND BUFFER APPROVAL
Page 2 of 4
Stormwater Pond
Compensatory Mitigation
Required
River and Sub -
basin Number
Buffers — Zone 1
6,165 (square feet)
0 (square feet)
Stormwater Pond
Buffers —Zone 2
5,420 (square feet)
0 (square feet)
Stormwater Pond
2. Diffuse Flow Plan: Submittal of a Local Government Approval Required
Because the stormwater management plan (SMP) approved by the.Town of Knightdale is
being used to meet diffuse flow requirements on this project, you are required to submit
one copy of the approved SMP, including plan details on full-sized plan sheets, with proof of
the Town of Knightdales'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. The SMP may not be modified without prior
written authorization from the Town of Knightdale. 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 0213 .0233 (5)]
3. Compensatory Mitigation Using a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from Wildland Holdings' North Fork Little River
Nutrient and Buffer Bank to meet this mitigation requirement. Until Wildland Holdings
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 Wildland Holdings to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
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 -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]
Compensatory Mitigation
Required
River and Sub -
basin Number
Buffers
26,625 (square feet)
Neuse/03020201
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 -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]
Poplar Creek Subdivision
DWR #16-0495
ISOLATED WATERS AND BUFFER APPROVAL
Page 3 of 4
5. Protective Fend
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)]
6. 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)]
7. 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 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 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).
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:
Poplar Creek Subdivision
DWR #16-0495
ISOLATED WATERS AND BUFFER APPROVAL
Page 4 of 4
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 DEN R-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 DEN R-DWR —401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division for impacts to isolated and other non -
jurisdictional waters and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233.
Please contact Cherri Smith at 919-791-4251 or cherri.smith@ncdenr.gov if you have any
questions or concerns.
Sin erely,
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: IWGP100000
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
Jay Keller; Keller Environmental; 7921 Haymarket Ln.; Raleigh, NC 27615
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit