HomeMy WebLinkAbout20130978 Ver 1_Approval Letter_20131113WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory. Thomas A. Reeder John E. %varla, -illl
Governor Director Secretary
November 13, 2013
DWR #.13 -0978
Wake County
Bryan Pietz
412 Bald Eagle Lane
Cary, NCt27539
Subject: AFTER =THE -FACT APPROVAL OF 401'WATER CIUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Bryan Pietz Residence
Dear Mr. Pietz --
You have our approval for the impacts listed below for the purpose described 'in your application dated.
November 11, 2013 and received' by the Division of Water'Resources (Division) on November 12, 2013. TKese•.
impacts are covered by the attached Water Quality G'eneral'Certification N'umber'3890 and the conditions
listed below. This certification is associated With the use of Nationwide Permit Number 18 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 (but not - limited to), Sediment and
Erosion Control, Non - Discharge,, and Water Su,pply Watershed regulations.
This approval requires you to follow-the conditions listed'in the enclosed certification and the following
additional conditions:
1. The foll "owing 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 impacts are approved, including
incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
,Stream
25 `(linear feet)
0 (linear feet),
One , -
No Carolina
J &tia!!y
North Carolina Division °of water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200
Internet www�ncwatergualiw org Location. 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159
An Equal Opportunity /Affirmative Action Employer = 50 %.Recycled110% Post Consumer Paper
Bryan Pietz Residence
DWR# 13 -0978
401 APPROVAL
Page;.2 of 3
2. ,Diffuse Flow
All stormwater shall'be directed and maintained as diffuse flow at non- erosive velocities through the
protected stream buffers such'that'it will not re- concentrate before discharging into a stream.
3.• 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 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�e,performed sso that no violations of state water quality standards, statutes,; or rules
occur.
4. Protective Fencing
The outside buffer; ,wetland or water boundary and along the construction corridor •withi.n 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 anyJand disturbing activities to ensure compliance with 15 NCAC 02H .0500.,
5. 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. Ifyou change your project, you
must notify the Division and you may be',required,to,submit a new applicatiorn 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 is responsible for complying with all conditions.
6. This approval and its conditions are'final and•binding unless contested.
This Ceft can be contested as provided in Articles 3 and 4 of General Statute 1506 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 th'e'OAH, at,http: / /wWw.ncoah.com/ or bycalling'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 consideredafiled,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 5:06pm,
excluding official state holidays).
The petition may be faxed'to the OAH,at (919) 431 =3100, provided the,origlna'I and bee copy oflth'e petition,
along with `any applicable OAH filing,fee is received by the OAH within five (5) business days following the,
faxed transmission.
Mailing address foe the-COAH:
if sending,by FirstClass ,Mail
vic,the,US Postal Service:
Office of Administrative Hearings
6714 Mai[ Service Center
Raleigh, NC 27699 =6714
If "sending via delivery' service
(e.g. UPS, F.edEk)'
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
j0nel1) copy& the, petition must also be served to,`DENR:
Lacy Presnell, General Counsel
Department of En ,ironment `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 Cass'Mall
W& the US Postol,Service ,
Karen Higgins
NC DENR -DWR — V1/ebscapeM,nit
1650;Mail Service Center
'Raleigh, NC 27699=1650
'Ifsendmg via delivery service
(e:g. QPS, FedD)'
Karen Higgins
NC,DENR -DWR — Webscape, Unit
512 N. Sa'lisbury,Street
Raleigh`, NC 21604
Bryan PietzAesidence
DWWI M978
401'APPRO.VAL,
Page 3 of'3
This 1'etter'icompletes the review of'the Division under section 401 of the Clean WaterPAtt. ,Please contact
Cherri Smith,at 91-9- 791 -4251 or cherri.smith @ncd'enr.gov ifayou have any questions,or' 'neerns..
nce , ly,
ny SrSiith, u-
pervisor
`Water Quality:Regional'Operations Section-
Enclosure: 3890
cc:. U.S'. Army Corps of, Engineers; �Raleigh'Regulatory Field O.ffice;,1331 Heritage Trade Drive, St., 105;
Wake,Forest; NC 27597
RRO DWR Files