HomeMy WebLinkAbout20140682 Ver 1_Approval Letter_20140714I PIMA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 14„ 2014
PSNC
Attn: Whitney Waldrop
P.O. Box 1398
Gastonia, NC 28056
John E. Skvarla, III'
Secretary
DWR # 14 -0682
Durham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
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Dear Ms. Waldrop:
You have our,approv,al for the impacts listed below for the purpose described in your application
dated,July 2, 2014 and received by the Division of Water Resources (Division) on June 3, 2014.
These impacts are covered by the attached Water Quality General Certification (WQC) Number
3884 and the conditions ,li'sted below. WQC Number 3884 is- associated with the use of
Nationwide Permit Number 12 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 n'ot Iimited'to) Sediment and Erosion Control, N'on -
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 (acres)
0.0115 ,(acres),
NoAhCarol
NatAwlj
North Carolina Drvrsion,of Water Resources, 1628 Mail, Service Center Raleigh, NC.27699 =1628 Phone,(919) 791 -4200 Customer Service
Internet www ncwaterquality org Location 3800'13arrett Dnve Raleigh,aNC 27609 Fax' (919) 788 -7159 1 =877- 623 -6748
An Equal Opportunity /Affirmative Action Employer-50% Recycled /10% Post Consumer Paper
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DWR# 14 -0682
401APPROVAL
Page,2 of 3
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.
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 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 N,CAC 02H .05,00.
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 complying
with all conditions.
5. Thisapproval and its conditions are final and binding unless 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 maybe obtained from,the OAH at http: //www.ncoah.com /,or by
calling the OAH Clerk's Office at (919) 431 -3000 for information.
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 along with any applicable OAH filing
fee is received in the OAH during normal office hours (Mondaythrough Friday between 8:00am
and S: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 If sending via delivery service
via, the US Postal Service: (e.g. UPS, FedEx):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714
Raleigh, NC 27609 -6285
One (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 petition to.DWR':
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR -DWR — Webscape Unit
1617 Mail ServiceCenter
Raleigh, NC-27699 -1617
If sending via delivery service
(e:g: UPS, FedEx):-
Karen Higgins
NC DENR -DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 127604
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DWR# 14 -0682
401,APPROVAL
Page 3 of 3
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.
(lint ely,
U _
Danny S , th
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3884
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331'Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
Ashley Steele; S &ME; 3201 Spring Forest' Rd.; Raleigh, NC 27616
DWR RRO 401 Files