HomeMy WebLinkAbout20140719 Ver 1_Approval Letter_201407227 41
NCDENR
North Carolina „Department of Environment and Natural Resources
Pat, McCrory
Governor
July 22, 2014
North Carolina guddhist�Association
Attn': Du Le
4229, Forestville Road,
Raleigh, NC 27616
John E, Skvarla, III
Secretary
DWR #;14- 07,19,
Wake:Coun'ty
S'ub'ject: APPROVAL OFA01, WATER QUALITY CERTIFICATION WITH,ADDITIONALCONDITIONS
AUTHORIZATION �CERTIFICATE,PER THE NEUSE RIVER BASIN RIPARIAN,BUFFER
PROTECTION RULES „(1SA NCAG02B :0233) WITH ADDITIONAL CONDITIONS -
Van Ha6h,TernpI'e '
Dear Mr. Le:
You have our,approval for the, impacts listed below for the purpose described in your application
dated,July 10;'2014 and received bythe,Division of Water'Resources (Division) on July, 11, 2014.
`These impacts are covered by,the attached Water Quality General Certification Number 3884 and
°the,conditions listed below. 'Th'i's certification �is,associated with th`e'use,of',Nationwid'e'Permit
Number 12 once ibis 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 requi}-ed by,(but not lir ited to)'Sedim'ent and Erosion Control, Non,-Discharge, and'Water
Supply Water=shed regulations.
This,app =roval - requires you to- follow t'hw,'conditions `listed'in the,enciosed certification and the
following,additional conditions:
1.' The, following impacts are hereby approved provided that all of the,other specific and general
conditions of'the,Cert fication, General Permit and /or °Buffer Rules are met; No other,impacts,
are, approved, includi'ngincidental_ impacts,
NorthCarol
NaWral,
Nor6(� arolma Division of Water'Resources 1628Nail;SeryiwCenter Raleigh, NG'2709 -1628 -Phone, (919)'791-4200 Customef Service
Internet www ncwaterqualit org Location 3800Barr'ett Drive Raleigh; NC 27609, Fax (91'9) 788 -71'59 '1= 877;623 -6748
An Equal Opp&Wity /Affirmative Action, Employer= 50 % Recycled /10% Post Consumer Paper
Van Hanh Temple
DWR# 14 -0719
401 AND BUFFER APPROVAL
Page 2 of 4 1
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0 (acres)
0.02847 (acres)
Site 1,
Wetland
0 (acres)
0.01653 (acres)
Site 2
Stream
1 (linear feet)
0 (linear feet)
Buffers —Zone 1
0 (square feet)
400 ,(square feet)
Site l
Buffers — Zone.2_
0 (square feet)
400 (square feet)
Site 1
Buffers —Zone 1
:0 (square "feet)
400 "(square feet)
Site 2
Buffers — Zone 2
0 (square feet)
400 (square feet)_
Site 2
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 iPre- 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,.
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 NCAC 02H .0500.
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 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.
i'
Van ,Hanh Terhole
DWR# 14 =0719
40,11 A'ND BUFFER APPROVAL
Page,3 &A
'This'Certification and',Buffer Authorization can be contested' as provided'In Articles `3 and 4 of
General Statute 15013 by filing,a written,petition for an.ad min istrative'hearing to the, Office of
Administrative Hearings (hereby�known as OAH). A petition. form may be obtained from °the OAH
at http Hwww :ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3.000 for"info,rmation.
Within thirty (30) calendar days of receipt of this notice,, a, petition must be filed With the OAH. A
petiti'on'is considered filed when the original and.one (1) copyalong with any applicable,OAH filing
fee is received in the, OAH during normal office hours (Monday_ through Friday between 8:00a`m
and -5,`OO,pm, excluding official state holidays).
The petition may,b'efaxed to the OAH ,at, (919) 4,31 -3100, provided the original and onezo,py, of th'e
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 -6y First -Class Mail
via ,the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC,27699 =6714
#,,sending rvia delivery service
,(e:g. UPS, FedEX):
Office' of Administrative 'Hearings
1711 New °Hope Church Road
Raleigh; NC 217609 -6285
One (1) copy of the petition must al'so,besetved,to DENR'
Lacy Presnell; General Counsel
Department of Environment and Natural ,Resources
1601,Mail Service Center
Raleigh, NC 27699 -1601
PI'ease, send one (1) copy of the petition t6'DWR:
If sending 6y,First Class 'Mail
via the US Postal Service:
Karen „Higgins
NC DENR- DWR — Webscape,Unit
'1617 Mail Service Center
Raleigh, NC`27699-1617
If,sending vid,deliveryservice
(e; g. UPS, FedEX):
Karen' Higgins
NC DENR -DWR — Webscape Unit,
512 N,.,-Salisbury Street
Raleigh, NC 27604
l
Van, H60 Temple
'Dw,R# 14 -07-19
4o1 AND BUFFER APPROVAL
Page 4 of 4'
This fetter completes th'e'review of=th_e Division under °section 401 of the Clean Water Act and the
N'euse Riparian 8Buffer Rules as described in 15A.NCAC 0213'.0233 . Plea'se contact °Cherri Smith at
'919- 791 - 4251 -or cherri .smith @ncdenr.gov if you have any questions or'concerns.
-ely,
Danny,Smi h
Supervisor, W,ater'Quality', Regional'Operations Section
,Encl'osure: GC 3884
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office=3331 Heritage Trade,
Drive,, St., 105;; Wake ,Forest, MNC 27597
Hy Nguyen; DPR Associates, Inc.; 420 Hawthorne, Lane; Charlotte, NC 28204
DWR RRO 401 Files,