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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