HomeMy WebLinkAbout20180851 Ver 1_Approval Letter_20180727NORTH CAROLINA
ROY COOPER Environmental Quality
Goverrrcr
MICHAEL S. REGAN
Sea-etary
LINDA CULPEPPER
Interim Director
July 27, 2018
Hopper Communities
ATTN: Bill Harrell
173 Paraggi Court
Clayton, NC 27527
DWR # 18-0851
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION AND AUTHORIZATION
CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A
NCAC 026.0233) WITH ADDITIONAL CONDITIONS
The Village at Lake Wheeler
Dear Mr. Harrell:
You have our approval for the impacts listed below for the purpose described in your application dated
June 18, 2018, and payment received by the Division of Water Resources (Division) June 24, 2018. These
impacts are covered by the attached Water Quality General Certification Number 4139 and the Neuse
River Basin Riparian Buffer Rules and the conditions listed below. This certification is associated with
the use of Nationwide Permit Number 29 once it has been 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:
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:
D Q�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
The Village at Lake Wheeler
401 Certification and Neuse Buffer Authorization
DWR Project #20180851
Page 2 of 3
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
S1—Temporary Culvert
0 (linear feet)
5 (linear feet)
S2 — Permanent Culvert
5 (linear feet)
0 (linear feet)
Wetland
W1— Fill for Residential
Lot
0.07 (acres)
0.00 (acres)
W2 — Grading for Pond
Outfall
0.00 (acres)
0.01 (acres)
Buffers—Zone 1
B2 — Roadway
206 (square feet)
0 (square feet)
B3 — Roadway
489 (square feet)
0 (square feet)
B5 — Roadway
18 (square feet)
0 (square feet)
B6 — Roadway
35 (square feet)
0 (square feet)
Buffers —Zone 2
B1— Roadway
169(square feet)
0 (square feet)
B4—Roadway
780 (square feet)
0 (square feet)
2. Buffer Replantine
Restoration and replanting of trees/shrubs/forest vegetation within the temporarily disturbed
buffer areas must be completed by the first subsequent planting season (November 1 through
March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the
density is sufficient to provide 260 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A
NCAC 02H.0506 (b)(3)]
3. Protective Fencin¢
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)]
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(s)/Permit/Authorization and is responsible for complying with all conditions. [35A
NCAC 02H .0507(d)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
The Village at Lake Wheeler
401 Certification and Neuse Buffer Authorization
DWR Project #20180851
Page 3 of 3
This Certification can be contested as provided in General Statute 150B 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 htto://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 8:00am 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.
Mailing address for the OAH:
lfsending via US Postal Service: lfsending via delivery service (UPS, FedEx, etc):
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
This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse
River Basin Riparian Buffer Rules. Please contact Paul Wojoski at 919-707-3631 or
Paul.Woioski@ncdenr.aov or if you have any questions or concerns.
Enclosures: GC 4139
cc: Sean Clark, Sage Ecological (via email)
DWR 401 & Buffer Permitting Branch file
Sincerely,
�Wjrn (�k
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
File Name: 180851TheVillageAtLakeWheeler(Wake)_401_NRB