HomeMy WebLinkAbout20141276 Ver 2_Approval Letter_20170906 ROY COOPER
Govenlor
N
+a
MICHAEL S. REGAN
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Director
September 6, 2017
DWR#14-1276 v2
Wake County
Northwest Community Church
Attn: Joel Carpenter -
10109 Morrisville Parkway
Apex, NC 27523
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
The Estates at Yates Pond-Offsite Gravity Sewer
Dear Mr. Carpenter:
You have our approval for the impacts listed below for the purpose described in your
application dated July 26, 2017 and received by the Division of Water Resources (Division) on
July 26, 2017. These impacts are covered by the attached Water Quality General Certification
Number 4086 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 12 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 are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)]
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Stream
SI-Sanitary Sewer-Open Cut 0 (linear feet) 35 (linear feet)
Division of Water Resources, Raleigh Regional Office,Water Quality Operations Section http://portal.nedenr.org/web/wq/aps
1628 Mail Service Center,Raleigh,NC 27699-1628 Phone: (919)791-4200
Location: 3800 Barrett Drive,Raleigh,NC 27609 Fax:(919)788-7159
The Estates at Yates Pond-Offsite Gravity Sewer
DWR#14-1276 v2
401 APPROVAL
Page 2 of 4
2. No Waste, Spoil, Solidi, 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. [15A NCAC 02H .0501
and .0502]
3. 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. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
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. 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. [15A NCAC 02B .0507(d)(2)]
5. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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 Administrative Hearings
(hereby known as OAH). 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.
Within sixty (60) calendar days of receipt 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 5:00pm, excluding official state holidays).
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.
The Estates at Yates Pond-Offsite Gravity Sewer
DWR#144276 v2
• 401 APPROVAL
Page 3 of 4
Mailing address for the OAH:
If sending by First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 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
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins
NC DWR-401 & Buffer Permitting NC DWR-401 & Buffer Permitting
Branch Branch
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Stephanie Goss at 919-7 1-4256 or stephanie.goss@ncdenr.gov if you have any
questions or concern
ly,
O'er/V'. i‘
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4086
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
The Estates at Yates Pond-Offsite Gravity Sewer
DWR#14-1276 v2
401 APPROVAL
Page 4 of 4
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Bryan G. Purse, 2610 66th Street, SW, Naples FL 34105
Timothy and Rae Lynn Council, 109 Woodwinds Industrial Court, Cary, NC 27511
Deborah Shirley via e-mail at dshirley@sandec.com