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Home My WebLink About20042029 Ver 3_NCDWR 401 WQC_2019-06-11_20190903ROY COOPER Govemor' MICHAEL S. REGAN Secretary LINDA CULPEPPER virecror• June 11, 2019 Cross Real Estate Group Attn: Todd Harrelson 9615 Bales Lane Charlotte, NC 28227 NORTH CAROLINA Environmental Quality DWR #04-2029 v2 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Ralph Stevens Hwy 55 Retail Dear Mr. Harrelson: 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 April 25, 2019 with payment received on April 26, 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 39 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 are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary Wetland W1: Fill 0.25 (acres) 0 (acres) 2. Stormwater Management Plan (SMP) Approval from Local Community Required The stormwater management plan (SMP) must be approved by the Town of Holly Springs and meet the requirements of this Certification. The SMP may not be modified without prior written authorization from the Town of Holly Springs. [15A NCAC 02H .0506(b)(3)] Nor thGnu Ili iiMimi hncnlofF..nviioninrnlolQiiAly I Division of MilerResuurt.cs Raleigh Rcrlionnl ON ice 1 3800 B,,3rr19 [hive . RalciylP. Nol"til Caruliria 2760'3 4197131.4200 Ralph Stevens Hwy 55 Retail DWR 404-2029 v2 401 APPROVAL Page 2 of 3 3. The permittee shall report to the Raleigh Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B.02001 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 time the applicant becomes aware of the circumstances. The written submission shall contain a 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. 4. Protective Fencinp, 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)] 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. [15A NCAC 02B .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 This Certification and Buffer Authorization can be contested as provided in General Statute 1506 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 htto://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). Ralph Stevens Hwy 55 Retail DWR #04-2029 v2 401 APPROVAL Page 3 of 3 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 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. Please contact Stephanie Goss at 919-791-4256 or steahanie.eossPncdenr,eov if you have any questions or concerns. Sincerely, �Vw Karen Higgins Supervisor, 401 & Buffer P mitting 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 Troy Beasley via e-mail at tbeaslevPwithersravenel.com Tommy Lefevers via e-mail at tlefeversPsr)eedway.com \\\ \ \ \ \ \ \ \ \ \R/W MON / G r \rQti \\\EX\TINGWETL\DS\ \\ --- `DELINEATION PER \ \ \ REF. (d). c PROPOSED SCM OUTLET PIAb PE PROPOSED SCM #1 \ \ \ \ \ IMPACT 1 PERMANENT WETLAND IMPACT / 0.25 ACRES (10,912 SF) N \ / \ \ R/W MON \ \FOUND 428 p22�(`\ FIBE \ \ \ ❑ PIT \ //I 434 V \ \ 429 430 •\ \ \ p /i I 4 5 Alr� pp \ \ \ FF=433.00 BANK 43 SPACES AIN 4- \ p` - 436 433 ^I p 43q . a3ti\TREiTY/J \ 434 50 g[�TBAC 434 434 435 ---------- -- 5 4!,?9 — 4347 B` RAL�1 i -TE�HENS ROAD _ _ — �4 40♦ 437- -436 L -439- 438 ' F NOT FOR CONSTRUCTION 60 120 z Firm License F-1267 PENNONI ASSOCIATES INC. 5430 Wade Park Blvd, #106 Raleigh, NC 27607 T 919.929.1173 F 919.493.6548 NO. I DESCRIPTION I DATE I BY ' 1 1 PARKING ADDED AND SCM ADDED 104/22/2019 SAK INInTGc- 1. THIS EXHIBIT REFERENCES DEVELOPMENT PLANS DESIGNED BY OTHERS. 2. REFERENCED PLANS CAN BE FOUND HERE: HTTPS://WWW. HOLLYSPRI NGSNC. US/890/PROJ ECT -LI STING 3. REFERENCED PLANS a.) LOWE'S OF HOLLY SPRINGS / GROCERY (18 -DP -15) b.) ALDI (18 -DP -03) c.) COLLINS PARK (15-MAS-04-AO1) d.) WETLAND BOUNDARY, PREPARED BY WITHERS RAVENEL, DATED 3/7/19. "0' 55 MAIN STRFL i 0s At Holly Springs Q SQUARE S� IHOP Ia 06 SOMERSET FARM .8kF Or o � SITE 5 r h $sep yr� X C, 2 ri tour Or y VICINITY MAP NTS ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES ARE INSTRUMENTS OF SERVICE IN RESPECT OF PROJECT THE PROJECT. THEY ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC DATE PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO PENNONI ASSOCIATES; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI ASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES ARISING OUT OF OR RESULTING THEREFROM. DRAWING SCALE DRAWN BY WETLAND IMPACT EXHIBIT APPROVED BY CCREG18001 2019-04-08 1 "=60' CJJ JJB NORTHWEST CORNER OF NC HWY 55 BYPASS AND RALPH STEPHENS ROAD HOLLY SPRINGS, NC SHEET 1 OF 1