HomeMy WebLinkAbout20180857 Ver 1_Approval Letter_20180806August 6, 2018
DWR #18-0857
Durham County
Pulte,Home Company, LLC
Attn:;Chris Raughley
1.225 Crescent Green Drive, Suite 250
Cary,,NC 27518
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION' CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 0213 .0233) WITH ADDITIONAL CONDITIONS
Lakeshore
Dear Mr. Raughley:
You have our approval for the impacts listed below for the purpose described in your received-.
by the Division of Water Resources (Division) on June 19, 2018 and with payment received on
June 20, 2018. These impacts are covered by the attached Water Quality General Certification
Number 4135 and 4139 and the conditions listed below. This certification is associated with the
use of Nationwide Permit Number 14 and 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 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 02B .0506(b)(c) and 15A NCAC 02B
.0233(8)]
Division of Water Resources, Raleigh Regional Office, Nater Quality Operations Section • http:/,/poltal.ncdenr.org/tiveb/vq/,Ips
1628 Mail Service Center, •Raleigh, NC 27699-1628 Phone: (919) 791.-4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
Lakeshore
DWR #18-0857
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1 -Road Crossing
0.06 (acres)
0 (acres)
Stream
S1 -Road Crossing -Culvert
106 (linear feet)
0 (linear feet)
S2 -Road Crossing -Temporary Construction
0 (linear feet)
21 (linear feet)
S3 -Road Crossing-Dissipator
72 (linear feet)
0 (linear feet)
S4 -Culvert Extension
17 (linear feet)
0 (linear feet)
S5 -Culvert Extension-Dissipator
51 (linear feet)
0 (linear feet)
S6 -Road Crossing -Culvert
97 (linear feet)
0 (linear feet)
S7 -Road Crossing -Culvert
10 (linear feet)
0 (linear feet)
S8 -Road Crossing -Temporary Construction
0 (linear feet)
36 (linear feet)
S9 -Road Crossing -Temporary Construction
0 (linear feet)
26 (linear feet)
S10 -Road Crossing-Dissipator
52 (linear feet)
0 (linear feet)
Open Water
01-Stormwater BMP/Fill
0.17 (acres)
0 (acres)
Buffers — Zone 1
131 -Road Crossing
11,276 (square feet)
0 (square feet)
132-Sidewalk/Trail
806 (square feet)
0 (square feet)
133 -Road Crossing
2,737 (square feet)
0 (square feet)
135 -Road Crossing
8,896 (square feet)
0 (square feet)
Buffers — Zone 2
131 -Road Crossing
5,833 (square feet)
0 (square feet)
132-Sidewalk/Trail
762 (square feet)
0 (square feet)
133 -Road Crossing
211 (square feet)
0 (square feet)
B4 -Trail
122 (square feet)
0 (square feet)
B5 -Road Crossing
5,623 (square feet) I
0:s
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the City of Durham and
meet the requirements of this Certification. The SMP may not be modified without prior
written authorization from the City of Durham. [15A NCAC 02H .0506(b)(3)]
3. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
Lakeshore
DWR #18-0857
401 AND BUFFER APPROVAL
Page 3 of 5
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its causes; the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to,continue; andsteps taken.or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.. The Division may waive the
written submission requirement on,a case-by-case basis.
4. Compensatory Mitigation Using a Private Mitigation Bank
Mitigation, must be provided for the proposed impacts as specified in the table below. The
Division has, received an acceptance letter from Wildlands Engineering, Inc. to meet this
mitigation.requ.irement. Until Wildlands Engineering, Inc. receives and clears your payment,
and proof,of payment has been provided to this Office, no impacts specified in this
Authorization Certificate' shall occur., For accounting purposes, this Authorization Certificater
authorizes payment to Wildlands Engineering, Inc. to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
5. 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. [15A NCAC 02H .0501
and .0502]
6. 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 waterlprior 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)]
'i
Compensatory
Bank Sponsor
River ,& Sub -basin
Mitigation ',Required
Number
Buffer -Zone 1
33,828 (square feet)
Wildlands Holdings, III,
03020201 -Not in Falls
LLC
Lake Watershed,
Buffer -Zone 2
8,749.5 (square feet)
Wildlands Holdings, III,
03020201=Not in Falls
LLC
Lake Watershed
5. 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. [15A NCAC 02H .0501
and .0502]
6. 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 waterlprior 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)]
'i
Lakeshore
DWR #18-0857
401 AND BUFFER APPROVAL
Page 4 of 5
7. 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 and
Buffer 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
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
8. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of
General Statute 1508 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.
Mailing address 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, FedEx):
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
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Lakeshore
DWR #18-0857
401 AND BUFFER APPROVAL
Page 5 of 5
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
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 .0233. Please contact Stephanie
Goss at 919-791-4256 or stephanie.gges@ncdenr.gov if you have any questions or concerns.
Si ere
11 C
Danny Smit
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4135
GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche
Deborah Shirley via e-mail at dshiriev@sandec.com