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HomeMy WebLinkAbout20140918 Ver 1_Approval Letter_20140905Pat McCrory, Governor zodAa 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 a '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