HomeMy WebLinkAbout20180767 Ver 2_Approval Letter_20200211ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
director
February 11, 2020
capital Land, LLC
Thomas M. Rahill
602 Holden Street
Raleigh, NC 27604
NORTH CAROLINA
Environmental Quality
DWR #18-0767 v2
Franklin County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (1SA NCAC 02B .0259) WITH ADDITIONAL CONDITIONS
Gill Plantation Subdivision
Dear Mr. Rahill:
You have our approval for the impacts listed below for the purpose described in your received
by the Division of Water Resources (Division) on November 22, 2020 with payment received on
January 16, 2020. The impacts are covered by the attached General Water Quality 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
(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 #18-0767 v2 replaces the
401 Water Quality Certification and Authorization Certificate for #18-0767 v1 dated July 20,
2018.
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, General Permit and/or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
9 Norlh Carolina Department of Environmental Quality Division of Water Resources
�� i) Rnlrinh M-nlnnal Office 13800 Barrett DrivC Ralrlair, North Carolina 27t)o9
Gill Plantation Subdivision
DWR #18-0767 Q
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1-Sanitary Sewer/Easement
0.01 (acres)
0 (acres)
W2-Construction for Sanitary Sewer
0 (acres)
0.02 (acres)
Stream
S1-Sanitary Sewer -Pump Around
0 (linear feet)
41 Linear feet)
S2-Culvert
79 (linear feet)
0 Linear feet)
S3-Construction/Pump Around
0 (linear feet)
24 Linear feet)
Buffers — Zone 1
131-Sanitary Sewer/Easement
675 (square feet)
0 (square feet)
132-Construction for Sanitary Sewer
0 (square feet)
2,004 (square feet)
133-Road Crossing
4,036 (square feet)
1,000 (square feet)
Buffers —Zone 2
61-Sanitary Sewer/Easement
454 (square feet)
0 (square feet)
62-Construction for Sanitary Sewer
0 (square feet)
1,304 (square feet)
133-Road Crossing
1,863 (square feet)
384 (square feet)
134-Road Grading
1,579 (square feet)
449 (square feet)
135-Mail Kiosk Grading
800 (square feet) JJ�2(square
feet)
2. Stormwater Management Plan SMP Agproval from Local Community Required
The stormwater management plan (SMP) must be approved by Franklin County and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from Franklin County. [15A NCAC 02H .0506(b)(3)]
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)]
6. 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. 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 02H .0501 and .0502]
Gill Plantation Subdivision
DWR #18-0767 v2
401 AND BUFFER APPROVAL
Page 3 of 5
This approval and its conditions are final and binding unless contested.
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 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
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:
!f 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
Gill Plantation Subdivision
DWR #18-0767 v2
401 AND BUFFER APPROVAL
Page 4 of 5
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Tar-Pamiico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact
Stephanie Goss at 919-791-4256 or ster)hanie.goss@ncdenr.gov if you have any questions or
concerns.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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 files
DWR RRO 401 & Buffer file via Laserfiche