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HomeMy WebLinkAbout20131002 Ver 1_Approval Letter_20130926NCDEWR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John 'E. Skvarla, III 'Governor Director Secretary September 25, 2013 Dos, Bros, LLC Attn: Andy Sandman 7101 Creedmoor Road, Ste. 122 Raleigh, NC 27613. DWR #13- 1002 Wake County Subject: . APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL, CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15'A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS Sanford Creek.Sewer Outfall Dear Mr. Sandman: You have,,our approval for the impacts listed below forithe purpose described in your application dated September 11, 2013 and, received by the Division of'Water Resources (Division) on September 16, 2013. These impacts are covered by'the attached Water Quality,General Certification Number 3884 and the conditions listed below. This certification is,associated with the use,of Nationwide, Permit Number 12 once it is'issued to you by1he U.S. Army Corps di 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.followi- additional conditions: 1. The following,i'mpacts 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', incl`tiding incidental impacts. Type of Impact Amount,Approved Amount Approved (units) (units) Permanent Temporary Wetland 0.001 (acres) 0 (acres) O None fthCarohna Na&,ra!!ry North Carolina Division of Water Resources 1,628 Mad Service Center Raleigh, NC 27699-1628 'Phone (919) 791 -4200 Internet.' „, ww ncwaterguahty org Location 3800,13arrett Drive Raleigh; NC 27609 Fax (919) 788 -7159 An 'Equal_OpportunitylAffirmative ActiortEmployer— 50% Recycled /10 %a Post,Consumer Paper Sanford Creek Sewer Outfall DWR #13 -1002 401 AND BUFFER APPROVAL Page 2 of 4 Stream 0 (linear feet) 56 (linear feet) Buffers —Zone 1 5,065 (square feet) 0 (square feet) Site -1 Buffers —Zone 2 2,178 (square feet) 0 (square feet) Site 1 Buffers — Zone l 0 (square feet) 0 (square feet) Site 2 Buffers — Zone 2 24 (square feet) 0 (square feet) Site 2 Buffers — Zone 1 0 (square feet) 0 (square feet) Site 3 Buffers —Zone 2 427 (square feet) 0 (square feet) Site 3 Buffers —Zone 1 0 (square feet) '0 (square ,feet) Site 4 Buffers — Zone 2 11,278 (square feet) 0 (square feet) Site 4 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil; solids; or fill of anykind 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 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 approva'I 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 and Buffer Authorization 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). Aipetition form may be obtained from the OAH at http: / /www.ncoah.com/ or by Sanford Creek Sewer Outfall DWR #13 -1002 401ANDBUFFER APPROVAL Page 3 of 4 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 whenAhe original and one (1) copy alongwith 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 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 of the petition 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 byFirst 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, FedEx). 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 02B .0233 . Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. Sanford Creek Sewer Outfall DWR #13 -1002 401 AND BUFFER APPROVAL Page 4 of'4 erely, /%/1 ��1� nny Smit , Supervisor Water Qu lity Section — Raleigh Regional Office Enclosures: GC 3884 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 Jeff Harbour; ESI; 524 South New Ho,pe'Road; Raleigh, NC 27610