HomeMy WebLinkAbout20131141 Ver 1_Approval Letter_20131028NCDENR
North Carolina Department of Environment and Natural Resources
- 'Division of'Water Resources
Water Quality Programs ;
Pat McCrory Thomas A. Reeder
Governor Director-
October 28; 2013
1 .
Pulte.Homes
Attn: John Dempsey
1225 Crescent Green Drive, Ste. 250
Cary, NC 27518
John E. Skvarla, III
Secretary
DWR # 13 -1141
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Village at the Park
Dear Mr. Dempsey,:
You `have our approval for the'impacts, listed, below for the purpose described'in your application dated
October 23, 2013 and, received by the Division of Water Resources (Division) on October 24, 2013. These
impacts are covered by the attached Water Quality General Certification Number 3884 and the conditions
listed below. Thi's certification is associated with the use of Nationwide Permit Number 12 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 (butriot limited to) Sediment and
,Erosion, Control, N;on- 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, impact"s-are approved,, including.
incidental impacts..
Type of Impact
Amount,Approved
A"mount,Approved
(units)
(units)
Permanent
Temporary
Stream
0 '(linear feet)
30 (li'near'feet)
AA(rallk se Carolina
North Carolina Division of Water Resources 1628 Mad Service Center Raleigh, NC 27699 -1628 Phone (01 9) 791 -4200
Internet www ncwaterguality,org Location 3800 Barrett Drive Raleigh,, NC ,27609, Fax (919) 788 -7159
An Equal Opportunity /Affirmative ,Action ; Employer — 50 %'Recycled110% Post Consumer Paper
Village atthe Park
DWR #1'3 -1141
401 APPROVAL
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 i'n the Pre - Construction Notification. All construction activities, including
the design, installation, operation, and maintenance of'sediment and erosion control, Best Management
Practice's, 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 con -'s_truction corridor within these
b'oundar'ies 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
'th'is 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
approval letter and General Certification and i's'responsible for complying-with all conditions.
5. • This approval and its conditions are -final and binding unless contested.
This, Certification and'BufferAuthori'zationcan 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''inf6rmation.
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 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 8:00am and 5:00pm,
excluding official state holidays).
The petition may be faxed,.to the OAH at (015) 431 -3100, provided th-e original; and one copy of the' petition
il'ong with any, applicable OAH filingfee -is received by`the,OAH,.withi_n five,(5) business.,days following,the
faxed,-transmission.
Mailin,g,addre'ssfor'th,e 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
Village at the Park
DWR #13 -1141
401APPROVAL
Page:3 of 3
One (1) copy of the petition must also be served to DENR
Lacy Presnell, General Counsel
D'epa- rtment of EnVironment and Natural ;Resources
1601 Mail 5ervice`Center
Raleigh, NC 27699 -1601
Please °send one (1) °copy of the petition,to.DWR -v
If'sending by First Class Mail
If seeding via delivery service
via the US Postal Service:
(e.g. UPS, FedEx).
Karen Higgins
Karen ;Higgins
NC'DENR =DWR.— Webscape. -Unit
NC DEN R-DWR — W,ebscape-Unit
1650 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699 -1'650
Raleigh, NC 27604
This, fetter completes, the review of the Division under section 401 of the Clean Water Act. ;Please contact
Cherri'Smith at 919 =1791 -4251 or cherri.smith @ncdenr.gov if,you have- any,questions or concerns,
V an ely,
Sm' h, Supervisor
Water Quality Regional Operations Section
Enclosures: 6C'3884
cc: b;-S. Army Corps of Engineers; Raleigh,Regulatory,Field Office; 3331 Heritage Trade Drive, St. 105;
Wake'Forest, NC 27597
Troy Beasley,; Withers &.Ravenel; 1410 "Commonwealth Drive, Ste. 101; Wilmington, NC 28403