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HomeMy WebLinkAbout20170694 Ver 2_NCDWR 401 Approval_07-27-17_201912231:1 AUG 0 22017 By: Sal & EnvironrnenV Crn1sulianls, M Water Resources ENVIRONMENTAL QUALITY July 27, 2017 SSP Southeast Land Management, LLC Attn: Scott Coblente 2820 Selwyn Avenue Suite 500 Charlotte, NC 28209 ROY COOPER Governor MICHAEL S. REGAN Secre(arti S. JAY ZIMMERMAN Direcmr DWR #17-0694 Wake 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 Hidden Valley Dear Mr. Coblente: You have our approval for the impacts listed below for the purpose described in your application dated June 5, 2017 and received by the Division of Water Resources (Division) on June 5, 2017. These impacts are covered by the attached Water Quality General Certification Number 4088 and 4092 and the conditions listed below. This certification is associated with the use of Nationwide Permits 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 401 Water Quality Certification and Authorization Certificate for DWR #17-0694 replaces the 401 Water Quality Certification for #17-0694 dated July 19, 2017. 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, Water Quality Operations Section htth:''portal.nalenr.org%web'wq'a1�s 1628 Mail Service Center, Raleigh, NC 27099-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive. Raleigh. NC 27609 Fax: (919) 788-71 J9 Hidden Valley uVVR#17f}694 4ulAND BUFFER APPROVAL Page 2of5 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Wetland 8' ( a:cre:s):;O.:(a,�es) 0'0: 0 (acres) "a all W2-Road Cross in 9-Co nstru ction Acc TO (acres) 0.04cl (acres) - Road crossing -Culvert & Headwalls 0.027 (acres) 0 (acres) W4- Road Crossing -Construction Access 0 (acres) 0.007 (acres) W5- Road Crossing -Culvert & Headwalls 0.193 (acres) 0 (acres) W6- Road Crossing -Construction Access 0 (acres) 0.157 (acres) Stream S1- Road Crossing -Culvert & Headwalls 75 (linear feet) 0 (linear feet) S2- Road Crossing -Construction Access 0 (linear feet) 23 (linear feet) S3- Road Crossing -Culvert & Headwalls 139 (linear feet) 0 (linear feet) S4- Road Crossing -Construction Access 0 (linear feet) 140 (linear feet) S5-Utility Crossing Crossing 0 (linear feet) 24 (linear feet) _56-Utility S7-Utility Crossing 0 (linear feet) 21 (linear feet) .S8-Utility Crossing 0 (linear feet) 0 (linear feet) 24 (linear feet) S9-Utility Crossing g 0 (linear feet) 21 (linear feet) 21 (linear feet) SIO-Utility Crossing S11-Utility Crossing & Fill (linear feet) 37 (linear feet) Open Water 65 (linear feet) 0 (linear feet) Hidden Valley DYVR#17{694 401 AND BUFFER APPROVAL Page 3 of 5 2. Compensatory Mitigation Using the Division of Mitigation Services (DMS) Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the DIVIS to meet this mitigation requirement. Until the DIVIS 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 Certificate authorizes payment tothe DIVIS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 13,1111) Compensatory Mitigation Required River & Sub - basin Number Stream 214 (linear feet) 03030004 3. Stormwater Management Plan (SMP) Approval from Local Community Required The stormwater management plan (SMP) must be approved by the Town of Fuquay Varina and meet the requirements ofthis Certification. The SK4Pmay not bemodified without prior written authorization from the Town ofFuquayVarina. [15ANCA[02H.0506(b)/3\l 4. 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 on28s beyond the footprint Ofthe impacts depicted in the Pre -Construction Notification. Al! construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall beperformed snthat no violations of state water quality standards, statutes, or rules occur. [15A N[AC 02H .0501 5. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall beclearly 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 15NCA[U2H.O5OO. [l5ANCA[O2H.05Oh(b)(2) and (c)(2) and 15ANCAC 6. This approval isfor the purpose and design described inyour application. The plans and specifications for this project aneinCOrpor8ted6«reference3sp8rt0fthe Certification and Buffer Authorization. |fyou change your project, younnustD0tif«th8DivbiOnaDdyOunnay be required to submit a new application package with the appropriate fee. |fthe property iS Hidden Valley DWR #17-0694 401 AND BUFFER APPROVAL Page 4 of 5 sold, the new owner must be given a copy of this approval and is responsible for complying with all conditions.. [15A NCACr02B .0507(d)(2)] General and Certification 7. 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 150E 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 thirty (30) 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 co the petition along with any applicable OAH filing fee is received by the OAH within five (5) copy of 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 DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail If sending via delivery service via the US Postal Service: (e.g. UPS, FedEx): Karen Higgins NC DENR-DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Hidden Valley DWR #17-0694 401 AND BUFFER APPROVAL Page 5 of 5 Karen Higgins NC DENR-DWR-401 & Buffer Permitting Unit 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. Sincere Danny Smith Supervisor, Water Quality Regional Operations Section Enclosure: GC 4088 GC 4092 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 file Deborah Shirley, S&EC, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 Chris Raughley, Pulte Home Company, LLC, 1225 Crescent Green Drive, Ste. 250, Cary NC, 27518