HomeMy WebLinkAbout20191637 Ver 2_Approval Letter_20201020
October 16, 2020
DWR #19-1637 v2
Wake County
Envision Homes
Attn: Josh Swindell
4441 Six Forks Road, Suite 106-117
Raleigh, NC 27609
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Tullamore Subdivision
Dear Mr. Swindell:
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 July 7, 2020 with payment
received on July 7, 2020 with additional information received on September 8 and September
20, 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 approval requires you to follow the conditions listed in the enclosed certificat ion 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: Road/Lot Fill 0.036 (acres) 0 (acres)
W2: Road Fill 0.086 (acres) 0 (acres)
Tullamore Subdivision
DWR #19-1637 v2
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 Town of Apex and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the Town of Apex. [15A NCAC 02H .0506(b)(3)]
3. Compensatory Mitigation Using NCDEQ Division of Mitigation Services
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received a Statement of Availability letter from NCDEQ Division of Mitigation
Services (DMS), to meet this mitigation requirement. The specific bank site to be debited
will be located in HUC 03030002. Until DMS 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 Certification authorizes payment to
DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506(c)]:
Compensatory
Mitigation
Compensatory
Mitigation Required
Bank Sponsor River & Sub-Basin
Number
Wetlands 0.122 (acres) DMS Cape Fear: 03030002
4. 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.
5. 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)]
Tullamore Subdivision
DWR #19-1637 v2
401 APPROVAL
Page 3 of 4
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 02B .0507(d)(2)]
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 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.
Friday between 8:00am and 5:00pm, excluding official state holidays).
If sending by First Class Mail
via the US Postal Service:
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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
Tullamore Subdivision
DWR #19-1637 v2
401 APPROVAL
Page 4 of 4
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
If sending via delivery service
(e.g. UPS, FedEx):
Paul Wojoski
NC DWR – 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Paul Wojoski
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 and
15A NCAC 02H .0500. Please contact Stephanie Goss at 919-791-4256 or
stephanie.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: Lyle Phillips, USACE Raleigh Regulatory Field Office (via email)
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche
Scott Mitchell, Mitchell Environmental, PA (via e-mail)