HomeMy WebLinkAbout20140087 Ver 3_401_Approval_July2014_20190517A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 21, 2014
Raleigh Land Fund 1, LLC
Attn: Adam Ashbaugh
516 N. West Street
Raleigh, NC 27603
John E. Skvarla, III
Secretary
DWR # 14-0087v2
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
The Preserve at White Oak Creek
Dear Mr. Ashbaugh:
You have our approval for the impacts listed below for the purpose described in your application
dated June 12, 2014 and received by the Division of Water Resources (Division) on June 26, 2014.
These impacts are covered by the attached Water Quality General Certification Number 3890 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 401 Water Quality Certification dated July 21, 2014 replaces
the 401 Water Quality Certification dated February 14, 2014. Wetland and Stream Impacts J
were added to Version 2 of this project.
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.
NNo e hCarol
atural
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
The Preserve at White Oak
DWR# 14-0087v2
401 APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0.06 (acres)
0.01 (acres)
Impact B
Wetland
0.07 (acres)
0.01 (acre)
Impact D
Wetland
<0.01 (acres)
0 (acre)
Impact E
Wetland
0.01 (acres)
<0.01 (acre)
Impact F
Wetland
<0.01 (acres)
0 (acre)
Impact G
Wetland
0.01 (acres)
0 (acre)
Impacts H and I
Wetland
0.04 (acres)
0.03 (acre)
Impact J
Stream
152 (linear feet)
0 (linear feet)
Impact A
Stream
135 (linear feet)
0 (linear feet)
Impact B
Stream
129 (linear feet)
0 (linear feet)
Impact C
Stream
10 (linear feet)
10 (linear feet)
Impact J
Stormwater Management Plan (SMP) Approval from Local Communitv Reauired
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 Apex'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 Apex. 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.
2. Mitigation
You have agreed to provide stream and riparian wetland mitigation by payment into the
Ecosystem Enhancement Program (EEP). A total of 439 linear feet of stream mitigation and 0.5
The Preserve at White Oak
DWR# 14-0087v2
401 APPROVAL
Page 3 of 5
acre of riparian wetland mitigation is required for impacting 426 linear feet of stream and 0.20
acre of riparian wetland as a result of this project.
Since this project is going to be conducted in two phases, the mitigation payment is also going
to be phased. Phase 1 involves payment for 304 linear feet of stream mitigation and 0.25 acre
of riparian wetland mitigation. Phase 2 involves payment for 135 linear feet of stream
mitigation and 0.25 acre of riparian wetland mitigation.
Until EEP receives and clears your checks, impacts specified in this 401 Water Quality
Certification shall not occur. You have until March 31, 2015 to make the payment for impacts
for Phase 1 of this project. In addition, payment for mitigation for Phases 1 and 2 of this
project must be made before any impacts occur. This Authorization Certificate authorizes
payment into EEP to meet the following compensatory mitigation requirement:
Mitigation
Type of Impact
Compensatory Mitigation
River and Sub -
Provider
basin Number
EEP
Wetland
0.5 (acre)
Cape
Fear/03030002
EEP
Stream
439 (linear feet)
Cape
Fear/03030002
3. 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.
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. 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.
The Preserve at White Oak
DWR# 14-0087v2
401 APPROVAL
Page 4 of 5
6. This approval and its conditions are final and binding unless contested.
This Certification 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:
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
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR-DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
The Preserve at White Oak
DWR# 14-0087v2
401 APPROVAL
Page 5 of 5
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Cherri Smith at 919-791-4251 or cherri.smit (@ncdenr.gov if you have any questions or
concerns.
Si rely,
Danny Smit
Supervisor, Water Quality Regional Operations Section
Enclosure: 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
Phil May; Carolina Ecosystems Inc.; 3040 NC Hwy 42 West; Clayton, NC 27520
DWR RRO 401 Files