HomeMy WebLinkAbout20200624 Ver 1_Approval Letter_20200909
September 9, 2020
DWR # 20200624 v2
Wake County
Atlas Stark Holdings, LLC
Attn: Mr. Robert S. Adams, III
911 N. West Street
STE 201
Raleigh, NC 27603
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Galahad Drive Medical Office Building
Dear Mr. Adams:
You have our approval for the impacts listed below for the purpose described in your application dated
May 21, 2020, with fee received by the Division of Water Resources (Division) May 26, 2020. Additional
information was received on June 22, 2020. The impacts associated with this project are covered by the
attached Water Quality General Certification Number 4139. This certification is associated with the use
of Nationwide Permit Number 39 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 approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit 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 are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Fill/Culvert Installation (“Stream A”,
UT to Longbranch Creek)
230 (linear feet) 0 (linear feet)
2. No Buffer Impacts Approved
No impacts to riparian buffers are approved by this Certification. Buffer Impacts associated with
this project were approved by the Major Exception. Those Buffer impacts are subject to the
Galahad Drive MOB – 401 Certification
DWR # 2020-0624v2
Wake County
Page 2 of 3
conditions outlined in the Buffer Authorization with Major Exception and conditions issued
September 9, 2020 (DWR Project Number 2020-0624v1).
3. 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(s)/Permit/Authorization and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
This approval and its conditions are final and binding unless contested.
This Authorization with Exception 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).
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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
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
This letter completes the review of the Division for the Neuse River Riparian Buffer Rules as described in
15A NCAC .0714 and 15A NCAC 02B .0611. Please contact me at Paul.Wojoski@ncdenr.gov if you have
any questions or concerns.
Galahad Drive MOB – 401 Certification
DWR # 2020-0624v2
Wake County
Page 3 of 3
Sincerely,
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Enclosure: GC4139
cc: Bob Zarzecki, Soil and Environmental Consultants (via email)
W. Dwight Graham, Property Owners’ Agent (via email)
Laserfiche
File Name: 20200624v2GalahadDriveMOB(Wake)_401_GC