HomeMy WebLinkAbout20190096 Ver 1_Approval Letter_20190613ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
hirer -tor
June 13, 2019
MFW Investments, LLC
ATTN: Michael Whitehead
114 Birkiands Dr.
Cary, NC 27518
NORTH CAROLINA
Environmental Quality
DWR #19-0096
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
Colby Crossing
Dear Mr. Whitehead:
You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on January 21, 2019, with
payment received on May 9, 2019. These impacts are covered by the attached Water Quality
General Certification Number 4139 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 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 and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] and 15A NCAC
02B.0233(8)]
Type of Impact
Amount Approved
(units)
Permanent
Amount
Approved (units)
Temporary
Stream
51: Al -Road Crossing Culvert & Dissipater
108 (linear feet)
0 (linear feet)
S2: Al -Road Crossing - Construction
0 (linear feet)
10 (linear feet)
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(Lite r Ii Ret instal 011ier wou tUttlt Drive Raleigh. North Calulina 17609
111 1YI rU1WGIMy.aakQ.Wh\ 019 791.1200
Colby Crossing
D W R #19-0096
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount
Approved (units)
Temporary
Buffers - Zone 1
Buffer -zone 1
915.0 (square feet)
B1: Al -Road Crossing
6,477 (square feet)
0 (square feet)
133: A2 -Road Impact
305 (square feet)
0 (square feet)
Buffers - Zone 2
61: Al -Road Crossing
4,498 (square feet)
0 (square feet)
132: Ala-Stormwater Control Measure Grading
2,385 (square feet)
0 (square feet)
133: A2 -Road Impact
981 (square feet)
0 (square feet)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the Town of Apex and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the Town of Apex. [15A NCAC 02H .0506(b)(3)]
3. Compensatory Mitigation Using a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received a Statement of Availability letter from EBX-Neuse 1, LLC Neuse Riparian
Buffer Umbrella Mitigation Bank (EBX-Neuse 1), RES Neuse Buffer and Nutrient Offset
Umbrella Mitigation Bank (RES) or EBX Upper Neuse Riparian Buffer Umbrella Mitigation
Bank (EBX) to meet this mitigation requirement. The specific bank site to be debited will be
Arrington Bridge I, Arrington Bridge II, Buffalo Branch, Selma Mill, Cedar Grove, Hatiey,
Ezell, Polecat, Hannah Bridge, Meadow Spring, and Stone Creek, all located in HUC
03020201. Until the EBX-Neuse I, RES, or EBX receives and clears your payment, and proof
of payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes
payment to EBX-Neuse I, RES, or EBX to meet the following compensatory mitigation
requirement [15A NCAC 02H.0506 (b)(6)]:
4. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 026.0200] including
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
Compensatory
Mitigation Required
Bank
Sponsor
River & Sub -
basin Number
Buffer -zone 1
915.0 (square feet)
EBX-Neuse I,
RES, or
EBX
03020201
Not in Falls Lake
Watershed
Buffer -Zone 2
1,471.5 (square feet)
Total:
2,386.5 (square feet)
4. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 026.0200] including
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
Colby Crossing
DWR i#19-0096
401 AND BUFFER APPROVAL
Page 3 of 4
time the applicant becomes aware of the circumstances. The written submission shall
contain &description of the noncompliance, and its causes; the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case-by-case basis.
5. 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. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
6. 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. [15A NCAC 02B .0507(d)(2))
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization can be contested as provided in 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 8:00am 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
Colby Crossing
DWR H19-0096
401 AND BUFFER APPROVAL
Page 4 of 4
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 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 02B.0233. Please contact Stephanie
Goss at 919-791-4256 or stephanie.eoss Pncdenr.soy if you have any questions or concerns.
Sincerely,
w"`J1t l
Karen Higgins
Supervisor, 401 & Buffer Permitting Branch
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Deborah Shirley (via e-mail)