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Home My WebLink About20130891 Ver 1_Approval Letter_20131218XFWA NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director' Secretary .December 18, 2013 Rex Frazier 129 Maltland, Drive Cary, NC 27,518 DWR # 13 -0891 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 026,.0233) WITH ADDITIONAL CONDITIONS Yates Mill Estates Dear Mr. Frazier: You have our approval for the impacts listed below for the purpose described in your app'li'cation dated August 20,,20-13 and received by the Division of`Water Resources (Division) on August 21, 2013, with additional information received on November 26, 2013 and, December 10, 2013. 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 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 0 (1ineaHeet) 10 (linearfeet) None aCarolina JVtura!!r� North Carolina Division,of Water Resources 1628 Mail,Service;Center Raleigh, NC,27699 -1628 Phone (919),791-4200 internet .w" ncwaterguality ora Location 3800 Barrett Drive Raleigh, NC ,27609 Fax (9`19) 788 -7159 An,Equal Opportunity /Affirmative Action Employer -50% Recycled/10% Post Consumer Paper Yates'Mill Estates DWR #13 -0891 401 AND BUFFER APPROVAL Page 2 of 4 Site 1 Stream 0 (linear feet) 10 (linear feet) Site 2 Stream 0 (linear feet) 10 (linear feet) Site 3 Stream T35 (linear feet). 0 (linear feet) Site 4 Buffers — Zone'1 1,223, (square feet) 0 '(square,feet) Site 1 Buffers— Zone 2 816 ('square feet) 0 (square feet) Site. 1 Buffers —Zone 1 1,263 (square feet) 0 (square feet) Site 2 Buffers — Zone 2 862 (square feet) 0 (square, feet) Site 2 Buffers — Zone 1 1,209 (square feet) 0 (square feet) Site 3 Buffers — Zone 2 806 (square feet) 0 (square feet) Site 3 Buffers'-Zone 1 5,453 (square feet) 0 (square feet) Site 4 Buffers — Zone 2 3,225 (square,feet) 0 (square feet) Site 4 2. Diffuse�Flow The Division approves -the diffuse flow plan as depicted on plan sheets dated 10/10/13. No changes shall be made without written authorization from DWR. The diffuse flow devices shall have maintenance access and at least a 10 -foot drainage easement on each side to allow for the ability to maintain the structures. The stormwater easements shall be recorded to provide' protection of the structures from potential alterations by future property owners. The approved diffuse flow shall be maintained in perpetuity in accordance with the LS -VFS operation and maintenance (O & M) agreements signed by Rex Frazier on 10/10/13. The O & M agreements shall transfer with the sale of the property-or transfer of ownership /responsibility for the BMP facilities: 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. AWconstruction 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, orrules occur. Yates'Mili. Estates DWR #13 70891 401 AND BUFFER APPROVAL Page Iof'4 A. Protective F,enci'ne The outside. buffer, wetland or water boundary arldi along the construction corridor °within, these boundaries, approved 'under this,.authorization shall be, clearly marked with orange °,Warning fencing (or similar high,vi'sibility material) for the'areas`that have been,approv_ed'to infringe, within the buffer[, wetland or water pri6r'to any'land disiurbin'g,activities to ensure compliance,with 15'NCAC 02H .0500.. 5. This,approval,i's for the purpose�and,d`esign described iWyour application., The plans and specifications,for this project are incorporate -d .by reference as partof'.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 apptopriate,fee. If'the property is sold, the n'eW owner must.be gi'ven� a copy of this approval letter and,Geneeal Certification and is ,responsible for comp lying °with all conditions. 6. This approval and its,t6nditions�are final and binding unless contested.. This Certification and Buffer Authorizafion can-'be contested a's.prouided inArticl'es 3,and 4 of General Statute 150B,byfili'ng °a written petition,for in administrative hearing to the O, ffice�of,Admi "nistrative,'Hearings (hereby known as OAH). A petition form may be obtained from'the OAH dt-htto'.//www.hcoa'h.cbt'n/'or by calli'ng'the OATH Clerk's Office at (919 ),'431- 3000�forinformation: Within sixty (60) calendar days,of'receipt of this notice, a petition must be filed with the OAH. A petition is considered�filed whenfthe•original' and one,(T),copy along withany applicable OAH ,filing fee, is "received in'the OAH during-normal office hours, (Monday through 'Friday between 8:OQam,and,5:00pm, excluding offic atstate holidays). The petition. may be,faxed to the OAH at (919) 431- 3,100, provided the original' and one copy,of'the, petition along with any,applicable.OAH fili'ngfee,is- received by,the OAH within five `(5) business -days following the faxed teansrnission. Mailing,address forthe �O'AH,: If sending.by Firsi'Closs Mdd via4he US- ?6sta1,5ervice: Office of Adrn'inistrative� Hearings 6714'Mail Service Center Raleigh,, NCk27659 -6714 If sending °via delivery service (e.g. UPS, Fedbe). 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`. Cary - presn'ell, 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, Fed Ex): Karen Higgins NC DENR -DWR — Webscape Unit 512 N. Salisbury Street Raleigh, NC 27604 Yates Mill Estates DWR #13 -0891 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 Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233 . Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. Since ely, anny Smi , Supervisor Water Qu lity Regional Operations Section Enclosures: GC 3890 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 Michael Stewart; Stewart & Proctor Surveying and Engineering; 319 Chapanoke Rd., Ste. 106; Raleigh, NC 27603 Jay Keller; Keller Environmental; 7921 Haymarket Lane; Raleigh, NC 27615 -5445