HomeMy WebLinkAbout20170296 Ver 1_Approval Letter_20170501Wciro Re 4our(es
E NVIPONMrEt TA1.._OUFt L,lTY
May 1, 2017
Anhut Properties, LLC
Attn: Mr. Tom Anhut
610 Presidents Walk
Cary, NC 27519
ROY C'OOI'FR
MICHAEL S. REGAN
S. JAY ZIMMI-'RMAN
DWR # 17-0296
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION AND NEUSE RIPARIAN BUFFER
Sanctuary at Yates Mill
Dear Mr. Anhut:
You have our approval for the impacts listed below for the purpose described in your application
dated March 15, 2017, received by the Division of Water Resources (Division) on March 15,
2017. These impacts are covered by the attached Water Quality General Certification Number
4092 / Buffer Rules 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 (s) or
general permit 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 and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b)] and 15A NCAC 02B
.0233(8))
Type of Impact
Amount Approved
Amount Approved (units)
(units)
Temporary
Permanent
Perennial Stream
Site 1
97 (linear feet)
11 (linear feet)
State ofNorth Carolina I Environmental Quality 1 Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
Anhut Properties, LLC
DWR# 17-0296
Page 2 of 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Buffers —Zone 1
Site 1
7,279 (square feet)
0 (square feet)
Buffers — Zone 2
Site 1
4,071 (square feet)
0 (square feet)
2. 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/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(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A
NCAC 02H .0507 (c)]
4. Before any impacts authorized in this certification occur, the SMP must be approved by
Wake County because it is being used to meet diffuse flow requirements on this project.
After it is approved, the SMP may not be modified without prior written authorization
from Wake County prior to the commencement of the modifications. [15A NCAC 02H
.0506(b)(5)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification/Buffer Authorization can be contested as provided in Articles 3 and 4 of General
Statute 150E by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH) within sixty (60) calendar days.
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. 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:OOam and S:OOpm, excluding official state
holidays).
Anhut Properties, LLC
DWR# 17-0296
Page 3 of 3
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 via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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 0.233. Please contact Jennifer
Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have any questions or
concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4092
Cc w/out enclosures: Deborah Shirley, Soil & Environmental Consultants, PA (via
dshirley@sandec.com)
John Milner, Jr., 1041 North Drive, Saint Louis, MO 63122
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 170296SanctuaryatYatesMill(Wake)_401_GC_NRB.docx