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HomeMy WebLinkAbout20130481 Ver 1_Approval Letter_20130529A�� �J� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Public Service of North Carolina Attn George Ratchford 800 Gaston Road, Building A Gastonia, NC 28056 Division of Water Quality Charles Wakild, P E Director May 29, 2013 John E Skvarla, III Secretary DWQ # 13 -0481 Orange County Subject APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Chapel Hill PSNC Line Dear Mr Ratchford You have our approval for the impacts listed below for the purpose described in your application dated May 6, 2013, received by the Division of Water Quality (Division) on May 6, 2013 These impacts are covered by the attached Water Quality General Certification Number 3883 and the conditions listed below This certification is associated with the use of Nationwide Permit Number 3 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 Wetland 0 (acres) 2 56 (acres) Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) 1650 Mad Service Center Raleigh North Carolina 27699 1650 Phone 91M07 6301 � FAX 919 807 6494 Internet http /lportai ncdenr org /web /wgAvs An Equal Opportunity 1 Affirmative Action Employer Chapel Hill PSNC Line DWQ# 13 -0481 401APPROVAL Page 2 of 3 Stream 0 (square feet) 42 (square feet) Site 1 Stream 0 (square feet) 36 (square feet) Site 2 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 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 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 com/ 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 Chapel Hill PSNC Line DWQ# 13 -0481 401 APPROVAL Page 3 of 3 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 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 via the US Postal Service Karen Higgins NC DENR -DWQ— Webscape Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If sending via delivery service (e g UPS, FedEx) Karen Higgins NC DENR -DWQ— Webscape Unit 512 N Salisbury Street 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 chern smith@ncdenr gov if you have any questions or concerns Sinc rely, Danny? ith, Supery sor Surfac Water Protection — Raleigh Regional Office Enclosure GC 3883 cc U S Army Corps of Engineers, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, St 105, Wake Forest, NC 27597 Walter Cole, S &ME, Inc , 3201 Spring Forest Road, Raleigh, NC 27616 DWQ RRO 401 files