20020089 Ver 2_Stormwater Approval_20090317

NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 17, 2009
Mr. Al Hashemi
ARH Development, LLC
P. O. Box 97772
Raleigh, NC 27624
Project Name: Metropolitan I (formerly "Northwood Center I")
DWQ EXP # 02-0089v2
Wake County
APPROVAL OF STORMWATER MANAGEMENT PLAN (Modification 2)
This approval letter replaces the stormwater management plan approval letter dated March 13,
2009 and the modification dated March 16, 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 Metropolitan I of this
project. On March 11, 2009 and March 13, 2009, the DWQ received additional information with revised
SMP 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 Metropolitan 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. All constructed
stormwater conveyance outlets shall be directed and maintained to flow in a diffuse manner at
non-erosive velocities through the entire protected stream buffers without re-concentrating. The
stormwater access easements provided 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 Metropolitan I (formerly Northwood Center 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
Metropolitan I is 8,159 credits. This amount was discussed by Mr. Al Hashemi and DWQ at a
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NOrthCarollna
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet http://h2o.enr.state,nc.us/ncwetiands/
An Equal Opportunity 1 Affirmative Action Employer
Al Hashemi
Metropolitan I (formerly "Northwood Center I") SMP
Page 2 of 3
March 17, 2009
meeting on February 6, 2009 and the 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 Minor Variance Approval shall be mitigated for prior to the construction of
Metropolitan 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, 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 60 days 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 Metropolitan II and III for review and
approval by this office prior to any remaining 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,
01,-x t
Cyndi Karoly, Supervisor
401 /Express Review Oversight Unit
CBK/jg
Attachments: EEP Form
Al Hashemi
Metropolitan I (formerly "Northwood Center I") SMP
Page 3 of 3
March 17, 2009
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, 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
A jfAN
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
Minor Variance
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2B.0233(9)(b), Mr. Al Hashemi, has permission to fill or otherwise impact Zones 1
and 2 of the Neuse River basin protected riparian buffer of Metropolitan I (formerly Northwood Center I) according
to his minor variance received on May 2, 2002 (for Northwood Center I, II, and III), to construct the proposed
townhomes, retaining wall, and stormwater wetland at the site, which is located at 707/801 NE Maynard Rd, Cary,
Wake County, North Carolina. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached stormwater management plan approval transmittal letter.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
EEP SITE NAME: Metropolitan I (previously Northwood 1)
DWQ PROJECT #: 2002-0089v2
LOCATION: Cary
COUNTY Wake
BASIN/ BASIN & Index: Neuse/03020201
As required by 15A NCAC 213 .0233(9)(b), and the conditions of your minor variance, you are required to
compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of
wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Mitigation
8,159 Square Feet of Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 020089v2MetropolitanI(W ake)MinVar_EEP. doc
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
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