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Home My WebLink About20130576 Ver 1_Approval Letter_20131125 (2)NCDENR North,'Cardina Department of Environment, and Natural Resources Division of Water Resources Water-Quality .Programs Pat McCrory Thomas A. Reeder Governor Director November 25, 2013 Tony Brown, County Manager '10 North King Street Halifax, NC 27839 John E. Skvarla, III Secretary DWR # 13 -0576 Halifax County Subject: APPROVAL OF 401 WATER, QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE TAR- PAMLICO RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 0213 .0259) WITH, ADDITICINALCQNQITIONS Halifax,County,Sawrriill Dear Mr. Brown: You have our approval ,for the,,impac'ts listed below for the,purpose described in,,your application dated' April ,29,, 2013,and received by the Division of Water-Resources (bivision) on May 29, 2013, with additional . information received on'September 3, 2013, October 21, 2013, and November 22, 2013. These impacts are covered by the attached WaterQuality 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 bythe U.S. Army Corps of Engineers. Please; note.that you should; get any other'federal; state or- local permits before proceeding with yqur,project, including,those'required by,(but not limited to)'Sediment and'Eros,ion Control, Non - Discharge, and' Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed,certification ,and the following additionakonditions: 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. Nunailly se Carolina North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 :Internet_ www wha_ ierguality org Location 3800 Barrett;Dnve, Raleigh, NC 27609 Fax (919) 788 -7159 An Equal' Opportunity/ Affirmative'Acfion Employer -50 %, Recycled /10 %,PostConsumer'Paper Hal''ifax tounty'Sawmill DWR #13-0576 401,AND BUFFER,APPROVAL Page -2 of T,ype'o'flmpact, - - - -, Amount,Approved' (units)' 'Permanent Amount,Approved ,(unit's) Temporary -- - - -- - -- i Wetland' � ,0.062 (acres`)- 0 (acres)- Stream 79 (linear'feet): 0, '(linear•feet)• Open Water- 0.159. (titres) 0 , (,acres) Buffers - - Zone,! 5,508, (square feet) 0 (square,fe'et) Buffers — Zone:2 4,896 (squaee,feet) ',,0 (° q,uare feet) 1. -,Stormwater IVlanaRement�P __fan,'(SMP)- Appr_oval'bv'the- Division for_HiRh Densitv - Proiects ff e,D'ivision,ap,proues, the, S -MP consisti `ng.of°two,wet'd Lite ntionFponds and 6111ass6ciated stoerhWater tonveyan -es, inlet and outlet structures, and the grading' nd,drainage',patterns depicted onr plan sheets, 'dated November 22,,,2013, which 'are,`incorporated -byreference and`,are enforceable, by.the.Division. The following conditions Ako.apply:_ 4)• The maximum allowab'l'e d'raina'ge areas for,°the approved wet ,deteh,tion ,ponds, shall be� 1,698,840 and 2,918,520,,square feet, and the maximum - allowable built -upon areas within, those. drainage�areas shall be' 1 ;393;92 .,and,2;308;690'squa're feet, respectively.. ,An,y, changes`t6 "these`maXi•murii areas shall require the,ap_ plicant tosubmit and receive approval''for,a revised stor-mwater management plan_by the.,D,ivision. b). The footprint of , -,a'll,st6rmWatee-riaanageni6ht devices as well'as,'an additional 10- foot,wido:a-t&a,on all; ,sides of'the devices shall be !located ii, public rights -of -'way; dedicated common' areas; or recorded easement areas. The, final plats for the project showingall such rights- of- way;,,common areas, and ea'sementareas'shall'be in accordance� with -the,approved ;�pl`ans: c); The,app roved, SMP shaII'b'econstructed and, ope ration aIibefore'any'permaner t'buildingor,other structur-els,occupied at,the -site. ,d) The,SMP maynot be,modified without prior written authori2ation from the Divi'sibri .A copy.of the, approval I'etter-and the modified SMP shall be subrmitted to the DWR Webscape• U'n'it, prior to,the, comrriencer,Merit of the ,modificati'on's: ,e) Mainten,ance,activit'ies for the wet detention ,pondsshall be'performed,i'n accordance ;with`the notar; lzed,O &,M,,agreements'signed'by Mr. Tony Brown (HalifaX County Manager) on August 30, 2013. The ,'O &M agreem nt,shall transfer with the,sale -of the land or,transfpr of ownership %responsibility'for the,BMP facility.- The Division ,shall be notified within thirty (30) days& every °transfer: 2. 'Dill_ use-Flow All sto"rmwatershall ; be directed and maintained, as,diffuse'fl'ow at, non - erosive Ve`locities'through the• protected�stream buffers "such that it will not re- concentrate before 'diseharginguinto'a,stream., Ifthis,is,not- possible,, it maybe necessary to, proyi'de; an ,engine�ered' level spreader or stormwater facilities,to remove nitrogen and. phosphorus pribrtb discharge. If deemed necessary,,these facilities Will require additional approval by,t`heDivisio i f Water Resou-rces'. Halifax- County Sawmill DWR #13-0576 401 AND BUFFER APPROVAL Page 3 of•4 3., No Waste, Spoil,_Solids „or Fill of AnyXind 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 ac,tivities,.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 F'encing' 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 rriaterial) 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 arid 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 http: / /www.•ncoah.com / -or by calling the OAH Clerk's Office at (919)431 -3000 for information. Within sixty (60) 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 deliveryservice. (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, Genera_'I'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 Ifsendmg via delivery service (e.g. UPS, Fed Ex): Karen Higgins NC DENR -DWR — Webscape• Unit 512- N. Salisbury Street Raleigh, NC 27604 Halifax County-Sawmill DWR #13 -05,76 401 AND BUFFER APPROVAL Page 4 of 4 This letter completes the review of the Division under, section 401 of the Clean Water Act and the Tar - Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact Cherri Smith at 919- 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. nc rely, Danny,Sm', ;- Supervisors, Water Q ality Regional OperationSL'Section ;Enclosures: GC3890 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage'Trade: Drive, ,St,. ,105 'Wake Forest, NC 27597 Walter Cole; S &ME; 3201 Spring Forest Road; Raleigh, NC'27616