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