20020089 Ver 2_Stormwater Approval_20090316

AM
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 16, 2009
Mr. Al Hashemi
ARH Development, LLC
P. O. Box 97772
Raleigh, NC 27624
Project Name: Metropolitan I (formerly "Northwood Center I")
APPROVAL OF STORMWATER MANAGEMENT PLAN (Modification)
DWQ EXP # 02-0089v2
Wake County
This approval letter replaces the stormwater management plan approval letter dated March 13,
2009. On May 2, 2002, the Division of Water Quality (DWQ) issued an approval of Neuse River
Riparian Buffer Protection Rules MINOR VARIANCE with ADDITIONAL CONDITIONS to you to
construct the proposed "Northwood Center I, II, & III" now known as "Metropolitan I, II & III" in Wake
County.
On March 3, 2009, the 401 Oversight/Express Permitting Unit of the DWQ received your stormwater
management plan (SMP) dated December 14, 2008 with revisions dated January 28, 2009 in order to meet
the Stormwater Management Condition (Condition 1) of the Minor Variance for phase I of this project.
On March 11, 2009 and March 13, 2009, the DWQ received additional information with revised SNIP
sealed, signed and dated March 13, 2009 by Mr. Azad Atashi, RLA. The revised SMP consisting of Sheet
10 (received on March 11, 2009) and Sheet 13 (received on March 13, 2009) has been approved by the
DWQ and satisfies the stormwater condition required by the Minor Variance (02-0089). You are required
to meet the following conditions:
The stormwater management system for phase I (consisting of a stormwater wetland and all
associated appurtenances), all stormwater conveyances and the grading and drainage patterns
depicted on the plans, as approved by this office must be maintained in perpetuity. No changes to
the structural stormwater practices shall be made without written authorization from the Division
of Water Quality. The stormwater management structures shall have maintenance access to allow
for the ability to maintain the structures, and to perform corrective actions. The stormwater
easements shall be recorded to provide protection of the structures from potential alterations by
future property owners.
2. All operation and maintenance activities shall be followed as stipulated in the Operation and
Maintenance Agreement signed and notarized on March 3, 2009, and received in our office on
March 3, 2009.
3. The riparian buffer impacts in Phase I, shown on the site plans received by DWQ on March 11,
2009, are consistent with those approved in the May 2, 2002 minor variance. The required
compensation for impacts to the protected riparian buffers in Phase I of this project is 8,159
credits. This amount was discussed by Mr. Al Hashemi and DWQ at a meeting on February 6,
2009 and the phase percentages were determined by Mr. Azad Atashi of Atashi Associates in his
letter dated February 12, 2009. The remainder of the required mitigation from the May 2, 2002
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarolina
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] aturallry
Internet: http://h2o.enr.state.nc.us/ncwetlands/
An Equal Opportunity 1 Affirmative Action Employer
Al Hashemi
Metropolitan I (formerly "Northwood Center") SMP
Page 2 of 2
March 16, 2009
Minor Variance Approval shall be mitigated for after Phase I is complete and prior to the
construction of Phases II and III. We understand that you wish to make a payment into the
Riparian Buffer Restoration Fund administered by the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. In accordance with 15A NCAC 2B .0233(7), this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B
.0233(10).
Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should
be contacted at [phone] if you have any questions concerning payment into the Riparian
Buffer Restoration Fund. You have one month from the date of this approval to make this payment.
If you change your project, you must notify us (DWQ) and you may be required to send us a new
application for a minor variance and/or stormwater approval. If the property is sold, the new
owner must be given a copy of the approval letters and is thereby responsible for complying with
all conditions in the minor variance and stormwater management plan approval for this project.
4. That you must submit Stormwater Management Plans for phases II and III for review and
approval by this office prior to any buffer impacts occurring as required by the May 2, 2002
Minor Variance.
5. Notification of Construction: The applicant and/or authorized agent shall contact the DWQ
Express Review Program in writing at the letterhead address within ten (10) days of the
commencement of construction.
If you do not accept any of the conditions of this Stormwater Approval (associated with the minor
variance dated May 2, 2002), you may ask for an adjudicatory hearing. You must act within 60 days of
the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This approval and its conditions are final and binding unless
you ask for a hearing.
Any disputes over determinations regarding this approval shall be referred in writing to the Director for a
decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality stormwater management plan as
required by your minor variance under 15A NCAC 2B .0233. If you have any questions, please contact
Joseph Gyamfi or Lia M. Gilleski at 919-733-1786.
Sincerely,
Cyndi Karoly, Supervisor
401/Express Review Oversight Unit
CBK/jg
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Matt Flynn, Town of Cary Engineering Dept., 316 North Academy St., Cary, NC 27511
Azad Atashi, Atashi & Associates, 2000 Regency Part, Ste 260, Cary, NC 27518