HomeMy WebLinkAbout20170694 Ver 2_Revised Approval Letter_20200206ROY COOPER
cmernor
MICHAEL S. REGAN
secrerary
S. DANIEL SMITH
Dircrlor
February 6, 2020
Pulte Home Company, LLC
Attn: Randy King
1225 Crescent Green Drive, Suite 250
Cary, NC 27518
NORTH CAROLINA
Environmental Quality
DWR #17-0694 v2 revised
Wake County
subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Hidden Valley -Phases 10 & 11
Dear Mr. King:
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 December 23, 2019 with
payment received on December 31, 2019. The impacts are covered by the attached General
Water Quality 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 (USACE). 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 revised 401 Water Quality Certification and Authorization Certificate for DWR #17-0694
v2 replaces the 401 Water Quality Certification and Authorization Certificate for #17-0694 v1
dated July 27, 2017 and #17-0694 v2 dated February 3, 2020.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
I. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and/or Buffer Rules are met. No
other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c))
North Carolina Department ol'Envlronmentat Quality Division of Water Resources
Raleigh Regional Of five - 3800 liar rct t Di ire Raleigh, North Carolina 27609
WNM�M+O�FY.iM1Y1'il ,I\ 910.791,•1200
Hidden Valley-Pnases W & 11
DWR #17-0694 v2 revised
401 APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Road Crossing -Culvert & Headwalls
0.027 (acres)
0 (acres)
W2: Road Crossing Construction Access
0 (acres)
0.007 (acres)
W3: Utility Crossing -Perm Maintenance
Corridor
0.024 (acres)
0 (acres)
Open Water
01: Road Fill
0 (acres)
0 (acres)
2. Stormwater Manaptement 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 of this Certification. The SMP may not be modified without
prior written authorization from the Town of Fuquay Varina. [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
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)]
Hidden Valley -Phases 10 & 11
DWR ##17-0694 v2 revised
401 APPROVAL
Page 3 of 5
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. 143-215.5]
This Certification can be contested as provided in General Statute 1506 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.
Friday between 8:00am and 5:00pm, excluding official state holidays).
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
Hidden ValleyThases W & it
DWR #17-0694 v2 revised
401 APPROVAL
Page 4 of 5
If sending via delivery service
(e.g. UPS, Fed Ex):
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 steohanie.eoss(@ncdenr.gov if you have any
questions or concerns.
Sincerely,
&-A
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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 files
DWR RRO 401 & Buffer file via Laserfiche
Deborah Shirley via e-mail at dshirlev(Msandec.com