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HomeMy WebLinkAbout20000783 Ver 5_Approval Letter_20170306rt \� a y, a sS �G st kk u 141cider- Resources March 6, 2017 WS-TWF Development, LLC Attn: Mr. John P. Meyers 7208 Falls of Neuse Road, Ste 101 Raleigh, NC 27615 ROY CCiOPFR MICHAEL. S. REGAN S. JAY ZIMMI RMAN ,') '' DWR # 00-0783 v5 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION AND NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Traditions Subdivision — Phases 2B, 2C & 2D Dear Mr. Meyers: You have our approval for the impacts listed below for the purpose described in your application dated January 17, 2017, received by the Division of Water Resources (Division) on January 17, 2017, with subsequent information on February 15 and 28, 2017. These impacts are covered by the attached Water Quality General Certification Number 3890 / Buffer Rules 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 approval requires you to follow the conditions listed in the enclosed certifications) or general permit 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. Impacts in this permit shall be cumulative with 132 linear feet of permanent perennial stream impact and 400 linear feet of permanent intermittent stream impact completed under General Certification # 3704 and #3705 issued on May 21, 2010. [15A NCAC 02H .0506(b)] and 15A NCAC 02B.0233(8)] State ol'North Carolina Environmental Quality j Water Resources 1617 Mail Service Center i Raleigh, North Carolina 27699-1617 919 807 6300 WS-TWF Development, LLC DWR# 00-0783 v5 Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Site 1— Impact #3 138 (linear feet) 62 (linear feet) Site 2 — Impact #7A 0 (linear feet) 30 (linear feet) Site 3 — Impact #7B 0 (linear feet) 30 (linear feet) Stream Total 138 (linear feet) 60 (linear feet) Buffers — Zone 1 Site 1— Impact #1 385 (square feet) 0 (square feet) Site 2 — Impact #2 665 (square feet) 0 (square feet) Site 3 — Impact #3 7,842 (square feet) 0 (square feet) Site 4 — Impact #4 748 (square feet) 0 (square feet) Site 5 — Impact #5A 1,285 (square feet) 0 (square feet) Site 6 — Impact #5B 239 (square feet) 0 (square feet) Site 7 — Impact #6 96 (square feet) 0 (square feet) Site 8 — Impact #7A 1,878 (square feet) 0 (square feet) Site 9 — Impact #7B 1,761 (square feet) 0 (square feet) Buffers —Zone 2 Site 1— Impact #1 211 (square feet) 0 (square feet) Site 2 — Impact #2 786 (square feet) 0 (square feet) Site 3 — Impact #3 4,947 (square feet) 0 (square feet) Site 4 — Impact #4 578 (square feet) 0 (square feet) Site 5 — Impact #5A 2,276 (square feet) 0 (square feet) Site 6 — Impact #513 1,704 (square feet) 0 (square feet) Site 7 — Impact #6 632 (square feet) 0 (square feet) Site 8 — Impact #7A 2,628 (square feet) 0 (square feet) Site 9 — Impact #7B 2,815 (square feet) 0 (square feet) Note: Stream impacts #4-5 were eliminated during 401 WQC review. 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/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(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from EBX Neuse, LLC for the Neu -Con Wetland & Stream Umbrella Mitigation Bank and EBX-EM, LLC Forrest Creek Mitigation Bank to meet this mitigation requirement from the Buffalo Branch and Forrest Creek UT- WS-TWF Development, LLC DWR# 00-0783 v5 Page 3 of 4 2 sites. Until the Neu -Con Wetland & Stream Umbrella and Forrest Creek Mitigation Banks receive and clear your payments, and proof of these payments have been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the Neu -Con Wetland & Stream Umbrella and Forrest Creek Mitigation Banks to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: 4. The SMP approved by the Town of Wake Forest on February 16, 2017 meets the requirements of the 401 Certification Program. The SMP may not be modified without prior written authorization from the Town of Wake Forest. If modified, a digital copy of the approval letter and modified SMP shall be submitted via the following website prior to the commencement of the modifications: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form [15A NCAC 02H .0506(b)(5)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification/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) within sixty (60) calendar days. 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. 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:OOam and S:OOpm, 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 via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 Compensatory Mitigation River and Sub - Required basin Number Stream 138 (feet) Neuse 03020201 4. The SMP approved by the Town of Wake Forest on February 16, 2017 meets the requirements of the 401 Certification Program. The SMP may not be modified without prior written authorization from the Town of Wake Forest. If modified, a digital copy of the approval letter and modified SMP shall be submitted via the following website prior to the commencement of the modifications: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form [15A NCAC 02H .0506(b)(5)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification/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) within sixty (60) calendar days. 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. 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:OOam and S:OOpm, 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 via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 WS-TWF Development, LLC DWR# 00-0783 v5 Page 4 of 4 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 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 .0233. Please contact Jennifer Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Superviso 401 & Buffer Permitting Branch Enclosures: GC 3890 cc: Deborah Edwards Shirley, Soil & Environmental Consultants, PA (via dshirley@sandec.com) USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch file Filename: 000783v5TraditionsSDPh2B-D(Wake)_401_GC_NEU.docx