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HomeMy WebLinkAbout20140610 Ver 1_Approval Letter_20140625NC®ENR North, Carolina Department of Environment,,and Natural Resources Pat McCrory Governor June 25, ,2014 Green Olive I'nvestments,`LLC Attn: Andrew Sandman 7101'Creedmoor Road, Ste. 1'22, Raleigh, NC 27613 John E. Sk'varla, III. Secretary _ ,DWR #14 -06'10 Wake County Subject: APPROVAL OF'-401 WATER QUALITY CERTIFICATION WITH,ADDITIONAL.CONDITIONS ,AUTHOR IZATIONZERTIFICATE PER THE,NEUSE°RIVER BASIN RIPARIAN'BUFFER PROTECTION RULES (15A NCACO2B .0233), WITH ADDITIONAL CONDITIONS Stonewater Subdivision — ,Sewer EXtension along Sanford Creek Dear'Mr. Sandman: You,h'ave.our approval for the; impacts listed'beloW for the purpose described in your application dated, June, 10, 2014 and received by the Division of Water Resources (Di,visi'on),on June 13, 2014. These impacts are covered by the attached Water-- Ctuality General ,Cert'ification Number 3890 and the - conditions listed below.. This certification,i's associated with the'use of Nationwide Permit Number 29 once it'is issued to you by the U.S. Army'Corps of Engineers. Please note that,you should get any other federal','sta`te or local permits be'fgre,proceeding with your project; including those required b£y'(but not limited to) Sediment and Erosion, Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to,'follow the conditions lisfed'in the enclosed certification and the following ad'ditional,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, incl'uding:incidental impacts. • One , NorthCarol J. W Aral, North Caro Iina Divisi6nlof Water 'Resources 1628;Mail', Service,Center Raleigh, NC;27699 -1628 Phone,(919)'791 -4200' Custor-nd Service Internet 'wwwncwaterquil4`org Location 3800 Barrett Drive Raleigh,tNC' 27609 Fab ,(919) 788 -7159 1-,877 =623 -6748 An'Equal Opportunity/Affirmative Achon Employer, — 50 %,Recycled110% Post Consumr,Paper, Stonewater SD — Sewer Extension DWR# 14 -0610 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact- Amount - Approved (units) Permanent Amount Approved (units) - Temporary Wetland 0 (acres) 0.18 ( acres) Stream 0 (linear feet) 43 (linear feet) Buffers —Zone 1 2,637 (square feet) 0 (square feet) Buffers — Zone 2 1,818 (square feet) 0 (square feet) 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 anyAind 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, 4. ProtectiVe,Fe'ncing The�outside buffer, ,wetland or water boundary and along the construction,corridor within 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 any land disturbing activities to ensure compliance with 15,NCAC'uH .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 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. 6. This approval and kits 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 1506 by filing a written petition,for an admin'istrative`hearing to'the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http: / /Www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. St_ onewafer•SD — Sewer`Extension D W R #,14 =0610 401 A_ND�- B�UF,FER APPROVAL Page 3 of 4 Within thirty (30)' 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 alo'ng;with� any applicable OAH filing fee,is,received in1he OAH during,norma`I office*ours (Monday'through,Friday between8:00am and 5 :00pm, excluding, official state, holidays). The ,petiti'on may be fared to the OAH at'(919) 431 -3100, provided the original! and one copyof'the petition aloiig',with' any'applicable, OAH filing fee is, received by the OAH within five (5) business days "following, the, faxed transmission. M'ailin'g,addre"ss for the,OAH: If sending by First Class, Mail via the US Postal Service: 'Office of Administrative Hearings ,671.41Mail Service Center, ,Raleigh, NC,27699 -6714 itsending via delivery service, (e.g. UPS, FedEx)': Office of Administrative! Hearings 1711,New Hppe.Church Road. Raleigh, NC 27609 -6285 O'ne (1) copy of•,the petition must.also 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;p,etition,to DWR: •If sending by First 60.! s Mail via the US Postal, Service: Karen Higgins NC DENR` DWR — Webscape Unit 1617 Mail Service Center 'Raleigh, NC 27699 -1650 If sending via delivery°service .(e.g. 'UPS, FedEx)` Karen Higgins ,NC DENR- DWR, — Web 'scape Unit 51-2'N. Salisbury5treet' Raleigh, NC 27604 This'letter completes the (review of the Division under�5ection 401 of•th&Clean Water Act and the Neuse,Ri,parian Buffer 1161esjas described in 15A NCAC 026,.0233 . IPlease contact;Cherri Smith at 919 -791 -4251 or che(ri.smith @ncdenr.gov if you have, any questions or concerns: Stonewater SD — Sewer Extension DWR# 14 -0610 401 AND BUFFER APPROVAL Page 4 of 4 :Si nce Iy, ja "0217 Danny Smith Supervisor, Water Quality Regional Operations Section Enclosure: GC 3890 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 Jeff Harbour; ESI; 524 South New Hope Road; Raleigh, NC 27610 DWR RRO 401 Files