HomeMy WebLinkAbout20130547 Ver 1_Approval Letter_201306071 ® ®®®®
NCDENi*
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Anthony and Jill Freda
815 Dickinson Road
Smithfield, NC 27577
Division of Water Quality
Charles Wakild, P E
Director
June 7, 2013
John E Skvarla, III
Secretary
DWQ # 13 -0547
Johnston County
Subject APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Anthony Freda Commercial Site
Dear Mr and Mrs Freda
You have our approval for the impacts listed below for the purpose described in your
application dated May 11, 2013, received by the Division of Water Quality (Division) on May 22,
2013 This impact is 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 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, General Permit and /or Buffer Rules are met No
other impacts are approved, including incidental impacts
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
40 (linear feet)
0 (linear feet)
Wetlands Buffers Stormwater Compliance -ind Permitting Unit (WPBSCaPe)
1550 Mail Service Center Raleigh North Carol,na 27699 i W
Phone 919 807 6301 1 FAX 919 807 6494
IntemPt hlip flrortal ncdenr org,'wPh'wglw,
An Equal Opportunity 1 Affirmative Action Emoloyer
Freda Commercial Site
DWQ# 13 -0547
401APPROVAL
Page 2 of 3
2 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
3 Protective Fencin
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
4 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
5 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 150B 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 corn 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 OOam and 5 OOpm, 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
Freda Commercial Site
DWQ# 13 -0547
401APPROVAL
Page 3 of 3
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 DWQ
If sending by First Class Mail If sending via delivery service
via the US Postal Service (e g UPS, FedEx)
Karen Higgins Karen Higgins
NC DENR - DWQ — Webscape Unit NC DENR -DWQ— Webscape Unit
1650 Mail Service Center 512 N Salisbury Street
Raleigh, NC 27699 -1650 Raleigh, NC 27604
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 smith @ncdenr gov if you have any
questions or concerns
Sincer ly,
anny Smit , Supervisor
Surface W ter Protection — Raleigh
Regional Office
Enclosures GC 3890
cc U S Army Corps of Engineers, Raleigh Regulatory Field Office, 3331 Heritage Trade
Drive, St 105, Wake Forest, NC 27597
DWQ RRO 401 files