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Home My WebLink About20130547 Ver 1_Approval Letter_201306071 ® ®®®® NCDENi* North Carolina Department of Environment and Natural Resources Pat McCrory Governor Anthony and Jill Freda 815 Dickinson Road Smithfield, NC 27577 Division of Water Quality Charles Wakild, P E Director June 7, 2013 John E Skvarla, III Secretary DWQ # 13 -0547 Johnston County Subject APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Anthony Freda Commercial Site Dear Mr and Mrs Freda You have our approval for the impacts listed below for the purpose described in your application dated May 11, 2013, received by the Division of Water Quality (Division) on May 22, 2013 This impact is covered by the attached Water Quality General Certification Number 3890 and the conditions listed below 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 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 Amount Approved (units) (units) Permanent Temporary Stream 40 (linear feet) 0 (linear feet) Wetlands Buffers Stormwater Compliance -ind Permitting Unit (WPBSCaPe) 1550 Mail Service Center Raleigh North Carol,na 27699 i W Phone 919 807 6301 1 FAX 919 807 6494 IntemPt hlip flrortal ncdenr org,'wPh'wglw, An Equal Opportunity 1 Affirmative Action Emoloyer Freda Commercial Site DWQ# 13 -0547 401APPROVAL Page 2 of 3 2 No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre - Construction Notification All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur 3 Protective Fencin 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 4 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 5 This approval and its conditions are final and binding unless contested This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) A petition form may be obtained from the OAH at http / /www ncoah corn or by calling the OAH Clerk's Office at (919) 431 -3000 for information Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH 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 OOam and 5 OOpm, 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 Freda Commercial Site DWQ# 13 -0547 401APPROVAL Page 3 of 3 One (1) copy of the petition must also be served to DENR Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Please send one (1) copy of the petition to DWQ If sending by First Class Mail If sending via delivery service via the US Postal Service (e g UPS, FedEx) Karen Higgins Karen Higgins NC DENR - DWQ — Webscape Unit NC DENR -DWQ— Webscape Unit 1650 Mail Service Center 512 N Salisbury Street Raleigh, NC 27699 -1650 Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act Please contact Cherri Smith at 919 - 791 -4251 or cherri smith @ncdenr gov if you have any questions or concerns Sincer ly, anny Smit , Supervisor Surface W ter Protection — Raleigh Regional Office Enclosures GC 3890 cc U S Army Corps of Engineers, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, St 105, Wake Forest, NC 27597 DWQ RRO 401 files