HomeMy WebLinkAbout20181389 Ver 1_Application Returned_20181128ROY COOPER.
Governor
MICHAEL S. REGAN
Secrekzrpy
LINDA CULPEPPER
Interim Director
November 28, 2018
Shree Girirajgoverdan Properties, LLC
Attn: Dave Sameer
304 Ruthwin Drive
Morrisville, NC 27560
NORTH CAROLINA
Environmental Quality
DWR #18-1389
Wake .County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Freedom Square Offsite Waterline Extension
Dear Mr. Sameer:
You'have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on October 9, 2018 with
payment received on October:11, 2018. These impacts are covered by the attached Water
Quality General Certification Number 4133 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)]
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail -Service Center I Raleigh, North Carolina 27699-1628
01Q 701 A000 '
Freedom Square Offsite Waterline Extension
DWR #18-1389
401 APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Waterline
0 (acres)
0.01 (acres)
W2: Waterline
0 (acres)
0.04 (acres)
W3: Waterline
0 (acres)
0.01 (acres)
W4: Waterline
0 (acres)
0.05 (acre's)
W5: Road -Fill
0.12 (acres)
0 (acres) ,
Stream
S1: Stream Crossing -Waterline
0 (linear feet)
16 (linear feet)
S2: Stream Crossing -Waterline
0 (linear feet)
15 (linear feet)
2. The permittee shall -report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 0,213 .02001 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
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its causes; the peri''od of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps 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.
3. 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]
4. Protective Fencing
The outside buffer, wetland or water boundary and along the construction r 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
Freedom Square Offsite Waterline Extension
DWR #18-1389
401APPROVAL
Page 3 of 4
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
5. 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)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification and Buffer Authorization 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 http://www.hcoah.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 5:00 -pm; 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
---- ------- .-._-..------.. _ -
31Page
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
Freedom Square Offsite Waterline Extension
DWR #18-1389
401 APPROVAL
Page 4 of 4
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.
Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any
questions or concerns.
Si y,
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4133
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Jeff Harbour via e-mail at iharbour@esinc.cc
4 1 P a - c