HomeMy WebLinkAbout20190812 Ver 1_Approval Letter_20191218RCN COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
December 18, 2019
Oak Park Developers, LLC
Attn: Douglas Ball
1401 Aversboro Road, Suite 206
Garner, NC 27529
NORTH CAROLINA
Environmental Quality
DWR #19-0812
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Oak Park Subdivision
Dear Mr. Ball:
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 14, 2019 and with payment received on
June 18, 2019 with additional information received on October 31 and December 3, 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 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 Depot ttnexxt of £trviroximental Quality . f)tv sion of Water Resources
Raleiyjh Regional Office c ! 3800 Barrett Drive I Raleigh, Not tit Carolina 2r'>09
919.791.4200
Oak Park Subdivision
DWR #19-0812
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
S1: Road Crossing
154 (linear feet)
37 (linear feet)
S2: Road Crossing
128 (linear feet)
26 (linear feet)
S3: Utility Crossing
114 (linear feet)
27 (linear feet)
Buffers — Zone 1
131: Road Crossing #1
4,293 (square feet)
1,200 (square feet)
132: Bank Stabilization -Crossing #1
4,196 (square feet)
0 (square feet)
133: Road Crossing #2
4,973 (square feet)
485 (square feet)
134: Bank Stabilization -Crossing #2
3,102 (square feet)
0 (square feet)
135: Road Crossing #3
4,397 (square feet)
0 (square feet)
136: Bank Stabilization -Crossing #3
2,333 (square feet)
286 (square feet)
B7: Construction Access -Crossing #1
0 (square feet)
2,332 (square feet)
138: Construction Access -Crossing #2
0 (square feet)
1,805 (square feet)
B9: Construction Access -Crossing #3
0 (square feet)
1,901 (square feet)
Buffers — Zone 2
131: Road Crossing #1
2,582 (square feet)
0 (square feet)
132: Bank Stabilization -Crossing #1
3,003 (square feet)
0 (square feet)
B3: Road Crossing #2
2,725 (square feet)
0 (square feet)
B4: Bank Stabilization -Crossing #2
1,028 (square feet)
0 (square feet)
135: Road Crossing
2,724 (square feet)
0 (square feet)
B6: Bank Stabilization -Crossing #3
1,287 (square feet)
0 (square feet)
137: Construction Access -Crossing #1
0 (square feet)
1,151 (square feet)
138: Construction Access -Crossing #2
0 (square feet)
953 (square feet)
B9: Construction Access -Crossing #3
0 (square feet)
1,008 (square feet)
B10: Sanitary Sewer -Crossing #3
0 (square feet)
1,633 (square feet)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the Town of Garner and
meet the requirements of this Certification. The SMP may not be modified without prior
written authorization from the Town of Garner. [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
Oak Park Subdivision
DWR #19-0812
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; 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.
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
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 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 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:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Oak Park Subdivision
DWR #19-0812
401 AND BUFFER APPROVAL
Page 4 of 5
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
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.
Sincerely,
cott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Oak Park Subdivision
DWR #19-0812
401 AND BUFFER APPROVAL
Page 5 of 5
Enclosure: 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
Lauren Norris -Heflin via e-mail at lauren.norris-heflin timmons com