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