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Home My WebLink About20131153 Ver 1_Approval Letter_20131115x4gra NCDENR 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 November 15„ 2013 DWR # 13 -1153 Chatham County Public Works & Utilities Attn: Stephen Brown, Director 400 James,Jackson Avenue Cary, NC 27513 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Cary /Apex Raw Water Pump Station, Intake Upgrades Dear Mr. Brown: You have,our- °approval for the impacts listed below for the purpose described in your a.pplication dated October 2% 2013 and received by,the Division of Water Resources (Division) on October 29, 2013. These impacts are covered by the attached Water Quality General Certification Number 3884 and the conditions listed',belo_w. 'This certification is associated, With the use of Nationwide Permit Number 12 once it is issued to you by the U.S. ArmyCorps of Engineers. Please note that you should get any other federal, state or local permitsbefore 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 following additional con`di'tions: 1. The following, impacts are hereby, approved proviIded.that all' of the other spe'cific,and,general condition's of the, Certification, General Permit and /or'Buffer Rules are met. No other impacts amapproved,,including 'incidental impacts. ' `NorthCarolina atAma!!ry 'North Caro IinasDivision of Water'Resources 1628'Mai'I SerJice,Center Raleigh, NC 27699 -1628 Phone (919) 791, -4200 Internet www ncwaterguahty or Location :3800 Barrett Dnve' Raleigh, ,NC 27609 Fax (919) 7,88 -7159 .An Equal Opportunity /Affirmative Action Employer- 50% Recycled/10% Post - Consumer Paper Cary /Apex'Raw Water PumpStation Upgrades DWR# 13 -1153 401 APPROVAL Page 2 of 4 Type of Impact Amount Approved (units), Permanent Amount Approved (units)' Temporary Open Water 0.003 (acres) 0 (acres) Site 1 Open Water 0 (acres)' 0.6 (acres) Site 2 2. 'No Waste, Spoil, Solids, or Fill of Any Kind 'No,waste, spoil, solid's, or fill of any kindishall occur.in wetlands,,Waters,.or riparian areas beyond the footprint of`the'impacts depicted' in `the P're- 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 .m'arked with orange warning fencing (or similar high visibility material) for the areas'th at, have been approved totinfringe 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. 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 is responsible for compl,y,'ing °with -all conditions. 5. This approval,brid its,,conditions are final and, binding un less, contested., This Certification 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). A petition form may be, obtained from the OAH at http:Hwww.ncoah.com/ or by 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 when the ori'gina'l and one'(1) copy a`longwith 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). Cary /Apdz Raw'Water Pump station Upgrades DWR# 13 =1153 401 APPROVAL Page;3 of 4 The petition may be,faxed, to the OAH at (919) 431 -3100, provided the original a 16pne, copy of the,pet'ition. ,a long, with any applicable OAH filing fee is received b.y,the OAK with in five (5) busiriess'days'followirig the, faxed transmis "sion., 'Mailing.address:for the OAH: If, °s`endin°g by First=- C_Iass Mail via +the•US °Postal Service: O ice�of Administrative Hearings 6714 Mail'Service Center Raleigh, NC 27699 -6714 Ifsending vhd°delivery,,service (e.g. UPS, Fedaf O'ffice,of Administrative Hearings 1711 New Hope'Church Road Raleigh, NC'27609 -6285 One (1) copy of the petition must also' be served IQ DEN R: Lacy'Presnell, General Counsel Department�of ,Environmentaand'N'atural Resources 1,601 Mail'Service Center Raleigh, NC 27699 =1601 Please send one (1) copy of,the petition to DWR: If sehding�by'FWst Class Mail via-the US'Postal,Serviee: Karen Higgins NC DENR- DWR — V 1/ebsca0e'Uh'it 1650 ,Mail,Service Center Raleigh, NC;27699 -1650 If's"ending via delivery`service (e.g: UPS, FedEx): ,Karen Higgins 'NC gENR'DWR— Webscape,Ujnit ,512 N.,Salisbury, Street Raleigh; 'NC'27604 'This fetter cornpletes;the review of'the.Division under,section,401 ofithe Clean Water Act. Please contact Cherr¢i Smith at 919= 791 74251 or cherri.smith' @ncdenr:gov if you have an questions or, concerns, inc �e`ly; Q7h anny Smi upervi or Water Qu _lity Regional, Operations, Section Enclosure: 3884 Cary /Ap"i aw Water Pump Station Upgrades DWR# 13 =1153 401APPROVAL Page 4 of 4 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 Vickie Miller; HDR,Engineerin_g,, Ine: of the Carolinas; 3733 National Drive, Ste. 207; Raleigh, NC ,27612 - RRO 401 Files