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Home My WebLink About20131293 Ver 1_Approval Letter_20140114A4;- NC®ENR 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 January 14, 2014 William and Helen Rose 584,Dune -Oaks Drive Georgetown, SC 29440 DWR # 13 -1293 -Wake County Subject: APPROVAL OF 401.WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS 3201 Millstream Place Dear Mr. and Mrs. Rose: You have our ,approval for -the impacts listed below for the purpose described in your application dated December 16,, 2013 and received by the Division of Water Resources (Division) on December 16; 2013. These impacts are covered by the attached Water Quality General Certification Nurriber3885,and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 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,S`upply, 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 genera'I 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 66 (linear feet) 0 (linear feet) Buffers- Zone 1 840 (square feet) 0 (square feet) Mirall'ff e Carolina North Carolina Division of Water Resources 1628 Mad Service Center Raleigh, NC 27699 -1628 Phone,(919) 791 -4200 Internet www ncwaterauality orq Location 3800 Barrett Drive .Raleigh, NC 27609 Fax (919) 788 -7159 An Equal Opportunity /Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper ,3201 Millstream Place DWR #13 -1293 401 AND BUFFER•APPROVAL Page 2 of 3 Gabion Wall Buffers — Zone 2 0 (square feet) 0 (square feet) Gabion Wall Buffers —Zone 1 0 (square feet) 2,400 (square feet) Riparian Stabilization Buffers — Zone 2 0 (square feet) 750 (square feet) Riparian Stabilization 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 in the Pre - Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment a-nd 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 ror water boundary and, along the construction corridor within; these boundaries, approved under this authorization sha_II 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`larfd ,disturbing,activities,to ensure compliance with 15,NCAC 02H .0500. 4. This approval is for the purpose and design ,descr,ibed 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 approval 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). A petition form may be obtained from the OAH at http: / /www.ncdah.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 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 (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 3201 Millstream Place DWR #13 -1293 401 AND BUFFER APPROVAL Page 3 of 3 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 DENR: Lacy'Presnell, General Counsel, Department of En,vironment�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 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. / Enclosures: 'GC 3885 Since ely, Danny Sm' h,,Supervi'sor Water, Q ality 'R'egionaliOperations.Section cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105'; Wake Forest, NC 27597 Jay Keller; Keller Environmental; 7921 Haymarket Lane; Raleigh, NC 27615