HomeMy WebLinkAbout20191036 Ver 1_Approval Letter_20190918ROY COOPER
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MICHAEL S. REGAN
SPcretar�
LINDA CULPEPPER
Director
September 18, 2019 _,.
LGI Homes -NC, LLC
Attn: Drew Kirchner
7201 Creedmoor Road
Raleigh, NC 27613
NORTH CAROLINA
Environmental Quality
DWR #19-1036
Granville County
Subject: APPROVAL OF 401 WATER'QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER.THE NEUSE RIVER,BASIN RIPARIAN BUFFER.,
PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS
Brame's Crossing Subdivision
Dear Mr. Kirchner:
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 July 31, 2019 with
payment received on August 6, 2019. These impacts are covered by the attached Water
Quality,General Certification Number 4139 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 coriditions 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)] an'd15A NCAC
02B.0233(8)]
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4; Brame's Crossing Subdivision
DWR #19-1036
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units),
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Culvert -Fill
0.066 (acres)
0 (acres)
W1: Land Clearing
0.022 (acres)
0 (acres)
Stream
S1: Culvert -Fill
82 (linear feet)
0 (linear feet)
S2: Dewatering
0 (linear feet)
'16 (linear feet)
Buffers - Zone 1
131: Land Clearing -Culvert Wingwalls
0 (square feet)
1,466 (square feet)
132: Road Construction -Fill
5,807 (sguare..feet).<Y .� -
0 (square feet)
Buffers - Zone 2
131: Land Clearing -Culvert Wingwalls
0 (s,q;uare feet)
1,105 (square feet)
132: Road Construction -Fill
4,899 (square feet),
0 (square feet)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the Town of Franklinton and
meet the requirements of this Certification. The SMP may not be modified without prior
written authorization from the Town of Franklinton. [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)ifrom 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, period 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 -ease basis.
4. 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
Brame's Crossing Subdivision
DWR #19-1036
401 AND BUFFER APPROVAL
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 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..,lf the property is
a
sold, the new owner must be given 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. '143-215.5]
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.ncoah.com/ or by cal ling' the :QAH
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:
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
Brame's Crossing Subdivision
DWR #19-1036
401 AND BUFFER 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 and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Stephanie
Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or concerns.
Sincerely,
4��111
Rick Bolich, L.G.
Assistant Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4139
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
Sean Clark via e-mail at sclark@sageecological.com