HomeMy WebLinkAbout20140447 Ver 1_Approval Letter_201406094
NCDEE R
North Carolina Department of Environment and
Pat McCrory
Governor
June 9, 2014
Town of Cary
Attn: Laura Cove
316 North Academy Street
Cary, NC 27513
Natural Resources
John E. Skvarla, III
Secretary
D W R # 14 -0447
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Carpenter Park
Dear Ms. Cove:
You have our approval for the impacts listed below for the purpose described in your application
dated April 30, 2014 and received by the Division of Water Resources (Division) on April 30, 2014.
These impacts are covered by the attached Water Quality General Certification Number 3890 and
the conditions listed below. This certification is associated with the use of Nationwide Permit
Number 39 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
Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
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 impacts
are approved, including incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Wetland
0.14 (acres)
0 (acres)
Site 1
None Carol
Natural
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 Customer Service
Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 1 -877- 623 -6748
An Equal Opportunity /Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper
Carpenter Park
DWR# 14 -0447
401 APPROVAL
Page 2 of 4
Wetland
0 (acres)
0.012 (acres)
Site 2
Wetland
0 (acres)
0.006 (acres)
Site 3
Wetland
0 (acres)
0.003 (acres)
Site 4
Wetland
0 (acres)
0.085 (acres)
Site 5
Wetland
0 (acres)
0.042 (acres)
Site 6
Wetland
0.041 (acres)
0 (acres)
Site 7
Stream
46 (linear feet)
0 (linear feet)
Site 1
Stream
33 (linear feet)
0 (linear feet)
Site 2
Stream
51 (linear feet)
0 (linear feet)
Site 3
Stream
10 (linear feet)
0 (linear feet)
Site 4
Stormwater Management Plan (SMP) _Approval from Local Community Required
You are required to provide one copy (hard copy or digital) of the approved SMP, including
plan details on full -sized plan sheets, with proof of the Town of Cary's approval. The approved
SMP shall be submitted to the DWR Webscape Unit (1650 Mail Service Center, Raleigh, NC
27699 -1650) before any impacts authorized in this certification occur. After it is approved and
submitted to the Division, the SMP may not be modified without prior written authorization
from the Town of Cary. If the SMP is modified in the future, then you shall provide one
modified SMP with proof of approval to the DWR Webscape Unit prior to the commencement
of the modifications.
3. 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.
4. 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 be performed so that no
violations of state water quality standards, statutes, or rules occur.
'Carpenter Park
'DWR# 14 -0447'
4,01,APPROVAL.
Page,3 of-4
5. Protective Fencing
The outside buffer, wetland, or water boundary and along the construction corridor With -in
these boundaries, approved under,this,aut_horization'shall be clearly marked with,orange'
warning fencing (ot similair'high visibility material) for the areas that have, been approve&to
infringe, within the'buffer, wetland or water,prior to any land disturbing °activities to'en`sure
compliance•with -15 NCAC 02H .0500._
6. T, hiss approval -,is, for' theipurpose ,and'design.described in your application. The plansand
specificati'ons,forlhis project are.incorpotated by reference, as part'of,the Certification. -If you
:change your project; you must'notify,th,e Division and you, rnay,be required to�subrriit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this'approvalletter-an'd General Certification `and is responsible1or complying
with all conditions.
7. This approval and`itsconditions are final, and `bi'nding�uniess,,contested.,
This Certification can'be contested as provided' in Articles 3' and 4 of General;Statute 1508 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:corh or, by
calling Ihe� OAH Clerk's Office at (919) 431 -3000 forinformation.
Within thirty (30)-calendar days,o,fireceipt,of this notice, a petition must be fil'ed,with1he OAH. A
petition is considered�fil'ed when the original and one (1),copy aiong,'with a_ny applicable QAH,filing
fee'is received in the OAH,dunrig,normal office hours (Monday through Friday between 8:00am
'and 5`:OOpm, exclu ding, official, state `holidays).
The,,petiii'on, maybe faked',to the, OAR at (919) 43'1,3100;: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`followingthe faxed transmission.
Mailing address for- the,OAH:
Jfsending by,First ClassMail
via the US Postal Service:
Office--of Administrative Hearings
,6714 Mail Service- Center
Raleigh; NC 2'769-6714
If sending via delivery service
(e.g. U',PS) ,FedEx):
Office of Administrative Hearings
1711 New Hope Church rRoad
Raleigh, NC 27609 -6285
One�(1), copy of the, petition must Aso be,served,to DENR!,
Lacy'Presnell, General Counsel
Department of Environment 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
Carpenter Park
DWR# 14 -0447
401 APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or
concerns.
Sic ely,
Danny Smi
Supervisor, Water Quality Regional Operations Section
Enclosure: 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
Sean Clark; SEPI Engineering & Construction; 1025 Wade Avenue; Raleigh, NC 27605
DWR RRO 401 Files