HomeMy WebLinkAbout20140585 Ver 2_DWR Approval_06-23-2014_20190425AWMA
M4AIFAX
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Forestville Road Investments, LLC
Attn: Andrew Ammons
P.O. Box 1615
Wake Forest, NC 27588-1615
June 23, 2014 Qn_
By' Sal&Environ
menial Consultanl� pq
John E. Skvarla, ill
Secretary
IVB' # 14-0585
Wake 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
Regency at Heritage Subdivision
Dear Mr. Ammons:
You have our approval for the impacts listed below for the purpose described in your application
dated June 10, 2014 and received by the Division of Water Resources (Division) on June 11, 2014,
with revised information sent via email on June 17, 2014. These impacts are covered by the
attached Water Quality General Certification Number 3886 and the conditions listed below. This
certification is associated with the use of Nationwide Permit Number 14 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 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, General Permit and/or Buffer Rules are met. No other impacts
are approved, including incidental' impacts.
�ne Carol
tura!
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Customer Service
Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
Regency at Heritage Subdivision
DWR# 14-0585
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
! Permanent
Amount Approved I
(units)
Temporary
Stream
89 (linear feet)
0 (linear feet) i
I Site 1 (culvert)
Stream
60 (linear feet)
0 (linear feet)
Site 1 (dewatering
and inlet and outlet
protection)
Buffers —Zone 1
8,756 (square feet)
0 (square feet)
Site 1
Buffers — Zone 2
5,663 (square feet)
0 (square feet)
Site 1
Buffers —Zone 1
1,149 (square feet)
0 (square feet)
Site 2
Buffers — Zone 2
719 (square feet)
0 (square feet)
Site 2
Buffers — Zone 1
1,297 (square feet)
0 (square feet)
Site 3
Buffers — Zone 2
694 (square feet)
0 (square feet)
Site 3
Buffers —Zone 1
1,158 (square feet)
0 (square feet)
Site 4
Buffers — Zone 2
777 (square feet)
0 (square feet)
Site 4
2. Stormwater Management Plan (SMP) Approval from Local Communitv Required
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 Town of Wake Forest's approval. The
approved SMP shall be submitted to the DWR Webscape Unit (1650 Mail Service Center,
Raleigh, NC 27699-1650) 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 Town of Wake Forest. If the SMP is modified in the future, then you
shall provide one modified SMP with proof of approval to the DWR Webscape Unit prior to the
commencement of the modifications.
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
Regency at Heritage Subdivision
DWR# 14-0585
401 AND BUFFER APPROVAL
Page 3 of 4
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4. 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.
5. 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.
6. This approval and its conditions are final and binding unless contested.
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 ht1R.JLwww.ncoah.com1 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:
Lacy Presnell, 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 — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Regency at Heritage Subdivision
DWR# 14-0585
401 AND BUFFER APPROVAL
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR-DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
Page 4 of 4
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.smith@ncdenr.gov if you have any questions or concerns.
ince fly,
97
Danny S ith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3886
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
Bob Zarzecki; Soil & Environmental Consultants; 8412 Falls of Neuse Road, Ste. 104;
Raleigh, NC 27614
Donnie Wrenn; DR Horton; 2000 Aerial Center Parkway, Ste. 110A; Morrisville, NC
27560
DWR RRO 401 Files