HomeMy WebLinkAbout20140918 Ver 1_Approval Letter_20140905Pat McCrory,
Governor
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R-PENR` -
Ndrth•Carolina Department .of'Environmont•andl,'NaturaI' Resources
John..E.'8kv8r4 lll,
Secretary
HH Hunt Tyler•Park; LLC
Attn;'Harry Hunt
2303`'Stewart5t.
Fuquoy= -Varina,, NC 27526
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'September 5-,'2014,
D W R # 14- 091'8•
Wake County
Subject:, APPROVAL OF 401 WATER QUALITY, CERTIFICATION WITH ADDIT,IONAL,CONDIT(ONS
Tyler ParkSu bid ivision,
Dear'Mh, Hunt:
You have our,approval ,for.the impacts'listed below for 't'ho, purpose described in. youe application
dated August •22, ;2014 and Ireceived'b,y, 'the, D_ivi'sion of Water 138oarces (Di'vision)' on August' 2.5;
2014. These' i• mpaets. arecovered. b.. ythe. atta' ched�WaterQualityGener >al- Certifi'cation Number
3890 and-the•conditions listed below,. 'This certification Js associated With'the use,of,Ratidnwide
Permit Num`ber.29brice'_it i's'issoed'to yoq'byth'e•U.S. Army Corps'of Engineers. Please note that
you,sIhou•ld''getxany other federal, state,or local permits before proceeding,wi'th,your project,,
including thdse• required "by( but, n,- 'ot,limited� to,) =Sediment and,,Erosion Control; Non.D.ischarge, and
Water Supply, "W,atershed'regu'lations
This approva[req;uires`you tto°follow_•fihe conditions listed, ih'the enclosed certifications and,,the+
foll'owing,additional conditions: =
1. The following impacts are hereby approved provided that,all.of the other specific•and,general,
conditions 4, the Certifications, General Permit and /ci `Buffer- Rules are met:, No other impacts
are approyed,, including incidental impacts.
Type of Impact
Amount Approved
Amount Approved,
.(u_hits)
(units)
,Perrnanerit
Temporary _
Open Water,'
022 (acres)
,Site ,1
• - One -
-
Nor h,Carohha Division of Water Resources 1628 °'Nlad Service Center Raleigh;,NC 276994628 Phone (919,) 79,1 -4200 Customer, Service
Internet www- ncwaferquality,org, location_3800Barrett;Drnve ' Raleigh,NC 27609, Fax (919,)788771:59• 1,87,7- 623 =6748
An Equai3Opportulhi y /Affirmative, Action; Employer — 5 0% Recycled110 %:Post,ConsumerPape?
Tyler Park Subdivision
DWR # 14 -0918
401_ APPROVAL
Page 2 of 4
Open.Water
0.0'1 (acres)
0 (acres)
Site 2
2. Stormwater Management Plan (SNIP) Approval from Local Community Required
You are required to;provide one copy',(hard copy or digital),of °the approved SMP, including
plan details on full -sized plan sheets, with proof of the`Town of Fuquay- Varina's approval. The
approved SMP shall be submitted to the DWR Webscape Unit (1617 Mail Service Center,
Raleigh, NC 27699 -1617) before any impacts authorized in this certification occur. After it is
approved and submitted to the Division, the SMP may not be modified without prior written
authorization from the Town of Fuquay-Var,ina. If the SMP is modified in the future, then you
shall provide one modified SMP with proof of approval to the DWR Webscape Unit prior to the
commencement of the modifications.
3'. Diffuse Flow
All stormwater shall be directed and maintained as diffuse flow at,non= erosive'velocities
through the protected stream buffers such that it will not re- concentrate before discharging
into a stream.
4. 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.
5. Protective Fencing
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.
6. 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.
7. This approval and its conditions are-final and binding unless contested.
'Tyler Park,Subdivision
DWR4 140918
401 APPROVAL
Page 3 of 4
This Certification 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 Ad mini'strative'Hear,ings (hereb,y,
known,;as OAH). A petition .form, rhay ,be obtained'fF-om the OAH at http'%/www.ncoah:com/ or by
calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within,thirty (30) calendar daysof receipt ofthi 's.notice, a petition must be filed'.With the OAH. A
,petition is corisid'ered filed' when the original and one, (1),copy along with any applicable OAH filing
fee is received in the OAH during normal office hours,(Mond'ay-through Friday�between 8:00am
and'5-00pm, excluding official state holidays).
The petition-may be faxed to the OA4at (919) 431 -3100, provided the,original and -one copy of the,
petition along with an,y`appli'cable OAH filingl6ee is.received by the OAH, within, five (5) business
•d'ays following the-faxed transmission.
Mailing a'ddress,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; fedtx)
Office of Administrative Hearings
1711 NeW Hope Church Road
Raleigh; NC 27609 -62$5
One (1) copy of th- e;petition must,also be,served,to DENR':
Lacy Presnell, General Counsel
Department of Environment and Natural, Resources
1601 Mail Servi °ce,Center
Raleigh, NC 27699 -1601
Please send, one,(1),copy of the petition to, DWR:
Ifsending,by'First,Class Mail
via, tFie ,US',Postal'Service:
Karen Higgins,
N'C�DENR -DWR� =,Web" ca;pe,'Unit
1617 Mail Service'Center
Raleigh, NC 27699 -1617
,If sendig via deli
n very service
(e.g,. UPS, FedEx):
Karen, Higgins,
NC'DENR,- DWR,— �Webscape'Unit
,512 N. Salisbury Street
Raleigh,,NC27604
Tyler Park,Subdivision
,DWR,# 14 -0918
401,0PROVAL
Page 4 of 4
This letter, completes they review of the Division under section 401 of`the Clean, Water Act. `Please
contact Cherri Smith at 9119- 791 -4251 or cherri�.sMith @ncdenr.gov if you have,any,questions or
- concerns.
S,inc el, t
Danny Smith,
Supervisor; ater�Quality'Regio nal�Operations Section
Enclosures: 3890
cc: U:S. -Army Corps of Engl`neers; Raleigh, Regulatory Field Office; 3331'Her"itage Trade
Drive,.5t. 105;, Wake, Forest; NC 27591' -
Bob'Zaftecki; Soil &•.Environmental Consuftants;� 8412 Falls, of Neuse Rd " .., Ste. 104;
Raleigh, NC 27615
DWR-RRO 401 Files