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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