HomeMy WebLinkAbout20140842 Ver 1_Approval Letter_20140813NCDENR
North'Carolina Department of Environment and, Natural Resources
Pat McCrory
Governor
August 13,, °2014
PublicaWorks & Utilities Department
Attn: Timothy Donnelly - Director
105 Upchurch Street
Apex; NC 27502
John E. Skvarla, III
Secretary
OWR #,14.0842
Wake'County.
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE;JORDAN LAKE WATER SUPPLY WATERSHED,
RIPARIAN BUFFERPROTECT,ION RULES (1`5A NCAC'026 .0267) WITH ADDITIONAL
CONDITIONS
White Oaktreek Infrastructure
,Dear- Mr. Donnelly:
You,,have• our approval ,for the impacts listed belo_.w, for °the purpose described, in your application
A'ated August 7, 2014,and received by the Division of Water Resources (D,ivision), on August 7,
2014, These impacts'are covered bythe attached Water Quality General `Certification Number
3884 and the conditions listed below: This certification is,associated wi'th,theuse of Nationwide
Permit,Number 12 onee`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,,
includingthose required by (but not'limited to.) S'edi'ment,and Erosion,Control, Non - Discharge, and
Water.Supply Watershed regulations.
Thi's,approval regpires�you to follow,the,conclitlons'Iisted in•the enclosed` certification ariclAhe,
fo`Ilovving additional conditions:
1. The following iMpa' cts,are, hereby Rapprovedl provided that a_'ll 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.
NorthCarol
Natural
North Carol ma'Drvision of Water Resources 1628 Mail ServimCehter Raleigh ,=NC 27699 - 1'628 Phone (919) 791 -4200 Custor er,,Service,
Internet • www ncwaterquahty,oig- Location ,3800 Barrett'Drrve Raleigh; NC 27609 Fax (09)'788-7159 1- 87,7- 623, -67,48
An Equal1Opportunity /Affirmative Action`Employer— 501% Recycledl10 %,P,ostconsumer Paper
White Oak`C_reek Infrastructure
'DWR# 14 -0842
401 AND BUFFER APPROVAL
Page 2 of 4,
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary,
Wetland
0 ,(acres)
0.003 (acres)
Site
Wetland
0 (acres),
0.010 (acres)'
Site
Wetland
0 (acres)
0.002 (acres)
Site
Wetland
0 (acres)
0.009 (acres)
Site
Buffers —Zone 1
0' (square feet)
4,402 (square feet)
Buffers — Zone,2
0 (square feet)
3,482 (square feet)
2. No Waste, Spoil, Solids, or Fill.of Any Kind'
No waste, spoil, solids, or fill of any kind shall .occur in wetlands, water or riparian areas
beyond the footprintof the impacts,depicted in the Pre-Construction Noltification. 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'Fencing
The outside buffer, wetland or water boundary, and along the construction corridor within
these boundaries approved ,un'der this authorization shall be clearly marked with orange
warning fencing (or similar high visib'ilitymaterial) `for the, areas that have been approved to
'infringe within the bLiffer,,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 and
Buffer Authorization. If you change your project; you must notify the Division and you may be
required'to submit anew application package with the appropriate fee. If�the property is•sold,,
the new owner must be given a copy of'this'approval letteran'd General Certification and is
responsible for complying with all conditions.
5., This approval -and its conditions,are final and binding unless contested.
This Certification and 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 maybe obtained'from the OAH
White Oak CreekdWastpictu_re
oDW R# 14 -0842
401 AND BUFFER APPROVAL
Page of 4
at http : / /www.nco8h.com/ or by calling the OAH Clerk's,Office at, (919) 431 -3000 for information.
Within thirty (30) calendar days, of,receip`t 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 :OOpm, excluding official state holidays).
The petition may be faxed to the OAH at (9.19) 431 =3100, ,provided the original and on'e copy ofthe
petition 'along,With any applicable OAH filing fe_e'is received by the OAH within five (5), business
days'following the faxed,transmission.
Mailing address for the, OAH.
If sending by First Class ,Mdil
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 DENR:
Lacy Presnell, General Counsel
Department of'Environment'and Natural Resources
J
1601 Mail Service Center
Raleigh, NC 2769,9 -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
1611 Mail Service Center
Raleigh,,'NC 27699 -1617
If sending via delivery service
(e.g. UPS, FedEx):
,Karen Higgins
NC DENR'DWR — Webscap,e Unit
512 N. Salisbury Street
Raleigh, NC 27604
Thi's letter completes the review of the Division under section 401 of the Clean Water Act and the
Jordan Lake_ Water Supply Watershe&Riparian Buffer Protection Rules as described, in 15A NCAC
02B .0267. Please contact Cherri'Smith at 919 - 791=4251 or cherri.smith @ncdenr-.gov if you, have
any questions or concerns.
r
,S' cer,_ely;
White,Oak.Creek Infrasfruct&e
DWR # 14 -0842
401 A_ ND BUFFERvAPPROVAL
Page 4 of 4,
A
v
Dan'ny'Smi,
Supervisor, Water Quality Regional Q;pe ration s'Section
Enclosure: �GC,3884
cc: Ur5..Army Corps offEngineers; Raleigh IRegulato-ry Field Office ;'3331 Heritage Trade
Drive,,St. 105; Wake forest „'NC 27597
Deborah Shirley; Soil & EnVironmental Consultants; 8412 Falls of Neuse Road, Ste. 104;
Raleigh, NG27615
DWR RRO.401 Files