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HomeMy WebLinkAbout20140759 Ver 1_Approval Letter_20140806ro r4Q, ® NC ®ERJR - North� Carolina, Department of "Environment, and N 'atural Resources Pat McCrory Governor August, 6; 2014 Vaughan Fa ftis LP Attn Rupert Vaughan, .82'4 Wilbon Road, Holly,Springs, N'C 2,7540 John E. ,Skvarla, III Secretary DWR' # 14 =0759 WakelCounty- Subject=: APPROVAL OF 401 WATER QUALITY°CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER,BASIN RIPARIAN BUFFER PROTECTION RULES (15A'NCACO2B .0233) 'WITH ADDITIONALCONDITIONS Wildwood "Subdivision Dear Mr,., Vaughan: You have our approval`for,theiimpacts listed' below for the purpose described�in your application dated July.21, 2014-and received by,the Division o`f,Water Resources;(Divi'sion�) on July `21, 2014. These impacts.are,covered by the attached Water Quality General Certification Number 3890 and the conditions listed,below. ThiSLcertification is associated with the use of Nationwide Permit ,Numbers 18, and 29 once they are issued to you by the US: Army Corps,of Engineers. Please note that you should get any other" federal,, state, orlocal permits, before' proceed ng with your, project, ,including those "required by (but not limited'to) Sediment and Erosion Control; Non - Discharge, and Water,Supp'lay Watershed regulations., ` This approval requires you to followlhe�,conditions listed ,in the: enclosed certification and .the following additional' conditions: 1. The following i "mpactswe� hereby approved provided that all of the other�specific an'd general conditions of the Certification, General Rierm'it and /or Buffer Rules are rpet. No,other impacts are approved, including incidental_ impacts. NoAhCarol, Natural North,Carolma Division of Water Resources 1;628 Mail 5erviCe Center Raleigh „NC 27699 -1628 Thone (919) 791 -4200 Customer Service” Internet -- www"ncwaterqualttyorg Location 3800,Barrett!Drive Raleigh; NC 27609 .Fax (919),788 -7159 1- 87;7- 623 =6748 An Equal Opportunity )Affirmative,Action�Employer— 50 %iRecycled110% Post,ConsumerPaper a Wildw,00d Subdivision DWR# 14 -0759 401 AND-BUFFER,APPROVAL Page 2,of 5' Type of impact Aft ouritfipproved, (units) Permanent Arno un't-Approved' (units) Temporary Wetland 0.'0054 (acres) 0.0074 (acres) Site 1A _ Wetland 0.0883, (acres) O.Q090,-(,acres) Site 16 Wetland 0 (acres), 0.0438 (acres) Site 26' Wetland 0.0036 (acres) 0.0114 (acres) Site 2C Wetland 0':0008" (acres) '0; 0010 (acres) Site 2D Wetland 0' '(acres) 0.1175 '(acres) Site 3A, Stream 145, (linear feet) 14 (linear•feet) Site'1B Stream 0 (linear feet) 10 (linear °feet)` Site 3A ,Buffers— Zone 1 1345 (square feet) 0 (square feet) Site 2'A _Buffers:— Zone 2 833 (square feet), �0 (square feet) Site 2A _ Buffers— Zone ,1 2,622 ,(square feet) 0 (square feet) Site, 2B Buffers,— Zone 2 `1,645 (square feet-) 0 (square feet) Site 2B Buffers, —Zone 1 ;1,401 (sgyarefeef) 61'1 (square•feet) Site 3A Buffers.— Zone_, 2' 1,073 (square, feet) 457 (square4eet)' Situ 3A Z. Stormwater Manasement Plan (SNIR),Approval from Local Co-mm, un,'ity Required' You are required -to� provide oneicopflh-ard copy or digital) of the, approved;SMP, including p'l'an details on full -sized plan sheets; with proof of the Town of - Holly'Spring's approval. The, approVed,'SMP'shall be,subm'itted to the'DWR Webscape'Unit (1617 Mail Service Center,, Raleigh,'NC 27699 - 1617) befor&any impacts'authorize'd in this certificationtoccur. After it is approved and.subm`itted to °the Division; the SMP may not be modified without prior written authorization from'the,Town of Wake,Forest. If the SNIP is,modi,fi'ed in the future, then, you Wildwood.Subdivision DWR# 14 -0759 401 AND BUFFER'APPROVAL Page 3 of 5 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. 5. 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. 6. 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. 7. This approval and its 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 15.06 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.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 (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). Wildwood Subdivision DWR# 14 -0759' 401 AND BUFFER APPROVAL Page 4,of 5 The petition may be faxed to the OAH at (9,19) 43173100, 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 via the US Postal Service: Office of Administrative Hearings 6714 Mail Service,Center° Raleigh, NC 27699 -6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative'Hearings 1711 New Hope Church Road 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 Service Center 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 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233 . Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. Sincerely, .Czrr�a V lrrri , Danny S th Supervisor, Water Quality Regional Operations Section Enclosure: GC 3890 Wild,wood Subdivision DWR# 14 -0759 401 AND BUFFER APPROVAL Page 5 of 5 CC,. U.S. Army Corps,of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;. Wake Forest, NC 27597' Deborah Shirley; Soil & EnVironmenfal Consultants; 8412 Falls of;Neuse Road, Ste. 104; Raleigh; NC 27615 DWR RRO 401 Files r