The URL can be used to link to this page

Home My WebLink About20200684 Ver 1_Approval Letter_20200707ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director July 7, 2019 FFAC Olive Branch West, LLC Attn: Kurt Burger 1106 Dominion Hill Drive Cary, NC 27519 NORTH CAROLINA Environmental Quality DWR #20-0684 Durham County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Olive Branch West Dear Mr. Burger: 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 May 22, 2020 with payment received on May 26, 2020. 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 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. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland W1: Sanitary Sewer w/Permanent 0.199 (acres) 0 (acres) Maintenance Corridor K � � , North Carolina Department of Environmental Quality i Division of Water Resources Olive Branch West DWR #20-0684 401 APPROVAL Page 2 of 4 2. Stormwater Management Plan (SMP) Approval from Local Community Required The stormwater management plan (SMP) must be approved by the City of Durham and meet the requirements of this Certification. The SMP may not be modified without prior written authorization from the City of Durham. [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)] 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 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 02B .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 This Certification and Buffer Authorization can be contested as provided in General Statute 150E 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 Olive Branch West DWR #20-0684 401APPROVAL Page 3 of 4 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, INC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Pau! Wojoski NC DWR —401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Paul Wojoski NC DWR —401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 Olive Branch West DWR t#20-0684 401 APPROVAL Page 4of4 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 steQhanie.goss@ncdenr.Rov if you have any questions or concerns. Sincerely, DocuSlgned by: Sit BCDA9D825NA46D Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Enclosure: GC 4133 cc: DWR RRO 401/Riparian Buffer file DWR 401 & Buffer Permitting Unit via Laserfiche Deborah Shirley, Soil and Environmental Consultants, PA (via e-mail) Andrew Williams, USACE Raleigh Regulatory Field Office (via email)