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Home My WebLink About20130873 Ver 1_Approval Letter_20130828A4 ►� NCDENR -North Carolina Depart -rneni of Enviroriment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John�,E. _Skvarla, III Governor- -Director Secretary August.28, 2013 - DWR # 13 -0873 Wake County Crystal Potter 4507'Vienna Crest Drive Raleigh, NC 27613 Subject: APPROVAL OF401WATER QUALITY CERTIFICATION WITH, ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 0213.0233) WITH ADDITIONAL CONDITIONS Potter Driveway Crossing Dear Ms. Potter: You have -Qur approval for the impacts, listed below for the purpose described in your application dated August 13, 2013 and ,received by the, Division of Water Resources' (Division) on August 16; 2013. These impacts are covered' by the attached Wat&-,Quality',General' Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide 'Permit N'urrib,er 29 once, it'is issued to you by the, U.S. Ar-my,Corps of Engineers. 'Please, note that you should get any,other federal, state or local permits,before proceeding with your project; including those required l;y -(but not limited to) Sediment and tErosion Control,, 'Non - Discharge', and Water'Supply Watershed regulations. r This approval requires you to follow the conditions listed in the enclosed "certification and the following additional conditions: The,following irnpacts,are hereby approved provided4hat all of'the other specifie,and general'condition's'of ,the Certification, General Permit`and /or Buffer,Rules are met. N'o other impacts are approved, including incidental impacts. Type of Impact ,Amount Approved, (units)' Permanent Amount Approved (units) Temporary, -Stream 43,(linear'feet) 0 (linear•feet) Site 1 Stream 8 (linear feet) 0 (linear''feet) No�rthCarolina AWAW!!rf North „Carolina °Division of Water Resources 1628;MaiI Service, Center Raleigh, NC-27699 -.1628 Phone,(919) 791 -4200 ,Internet www ncwaterguality org Location X3800 Barrett, Drive Raleigh, NC 27609 Fax '(919),788 -7159 An Equal Opportunity /AffirmatmeAction Employer- 50% Recycled/10% Post Consumer Paper Potter Driveway Crossing D W R #, 13 -0873 401-AND BUFFER APPROVAL Page 2 of 4 Site-2 Buffers — Zone ,1 2;580 (square,feet) �0 (square feet) Site 1 Buffers — Zone 2 1,720 ("squ- are�feet) G (square feet) Site 1 2. Diffuse Flow All storrnwater shall be directed and maintained'a"s� diffuse flow at non - erosive velocities through the protected stream buffers,such that it will not re -co rice ntrate'before,discharging into a stream. 3. No Waste,'Spoil,, Sol ids; or Fill of.Any Kind' No waste, spoil, solids, or fill of any kind shall occur inwetland's, waters', or riparian areas'beyond the footprint of•the;imp`acts,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 b&performed °so,that no violations of state water' quality'stand'ards, statutes; or rules, occur.. 4: Protective, Fencine The outside buffer, wetland or water- boundary and a'l'ong -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. 5,. This approval is °for the'purposeand design described in your application. The plans and specifications for this projectare incorporated by, reference as part•ofrthe Certification,and Buffer Authorization. If,you change your p`0ject, 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 GeneralCertification and'is.responsible for comp °lyingv►7ith all conditions. 6. This,approval and its conditions are final and binding unless contested. This Certification and Buffer Authorization can be contested as provided in Articles'3 and 4 of General 'Statute 1508 b,y,filing a Written 1pef ition 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.hcoah.com/or by calling the OAH' Clerk's Office at (919) 431 -3000 for information. Within sixty (60) calendar days,of receipt of this notice; a petition, must be filed with the OAH. A petition is considered filed when the,originaland one,(1`)';copy along with, anyapplicable, OAH filingfee is received in the OAH during noema[6ffice hours (Monday through Friday between 8 :00am and 5:00pm; excluding,official state holidays). Potter Driveway Crossing DWR #' 13 -0873 401 AN_ D BUFFER APPROVAL Page ,3 of 4 The petition maybe 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: Ifsending 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 ofthepetition must also be served to DEN R: 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, DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC, DENR -DWR — Webscape Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If sending via delivery service (e. g. UPS, Fed Ez): Karen Higgins NC DENR -DWR — 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 and 'the,Neuse Riparian Buffer Rules as described in ,15A NCAC 0213 .0233. Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. Sincer ly, Danny Smit , Supervisor Surface, W er Protection —Raleigh Regional Office Enclosure: 3890 Potter Driveway Crossing DWR# 13 -0873 401 AND,BUFF.ER APPROVAL Page 4 of 4 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office;, 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 DWR RRO 401 files 3 N