HomeMy WebLinkAbout20140814 Ver 1_Approval Letter_20140814A��
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August, 14, 2014
Falls Road Baptist Church
Attn: Don Adkins
722 Falls Road
Rocky Mount, NC 27804
John E. Skvarla, III
Secretary
DWR # 14 -0814
Nash County
Subject: APPROVAL OF•401 WATER QUALITY CERTIFICATION WITKADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE TAR - PAMLICO RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0259) WITH ADDITIONAL CONDITIONS
Falls Road Baptist Church
Dear Mr. Adkins:
You have our approval for the impacts listed'below for the purpose described in your application
dated July 16, 2014 and received by the Division of Water Resources (Division) on July 31, 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.
Nimali e Carol
North Car`olma Drvisron,of Water Resources 1628'Mail'Service Center Ralei,gh, NC 27699 -1628 Phone (919) 791 -4200, Customer Service
Internet www ncwateiquality org Location 3800 Barrett Drive Raleigh, NC 27609' Fax, (9,19) 7,88 -7159 1- 877 = 623 -6748
An Equal Opportunity/Affirmative Action Employer— 50 %Recycled110% Post Consumer Paper
Falls Road Baptist Church
DWR# 14 -0814,
401 AND BUFFER APPROVAL,
Page 2 ofA
Type of Impact
.Amount Approved
(units),
Permanent
Amount Approved
•('units)
Temporary
Wetland
0.027 (acres)
0 (acres)
Buffers —Zone 1
.335 (square feet)_
_0 (square feet)
Site I
,Buffers — Zone,2
1,827 (square,feet)
0 (square feet)
Site 1
Buffers — Zbne 1
1,095 (square feet)
0 (square feet)
Site 2
Buffers — 'Zone,2
822 '(square feet).
0 (square feet)'
Site 2
Buffers— Zone 1
0 (square feet)
2,055 ,(square,feet)
Site 3,
Buffers -. -Zone 2'
0 (square 'feet)
1,576 (squarefeet)
'Site 3
2: Diffuse Flow
All stormwater shall be- directed and maintained'as diffuse flow atnon - erosive velocities
through the protected stream buffers such, that it will not re= concentrate before,disch,arging
into a, stream'.
3: No Waste; Spoil, Solids, or Fill of'Any Kind
,No waste, spoil, solids,, or fil[of any kind shall occur,In wetlands, waters,. or riparian areas
beyond the footprint of, 'the,impacts depicted in the iPre- ,Construction Notification. All
con struction,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 Fencing
The,outside`buffer, W&Iand'or water boundary and al'ongthe- construction cor-ridor'withibi
these'boundariesmapproved- uncle r°thisaauthorization shall be clearly marked with orange
warning fencing (or similar high -visibility material) for the areas that have been approved to
infringe within th-ebuffer, wetland or water prior to any`land distu_rbing;activities to ensure
compliance with 15 NCAC 02H.0500,
5: This approval As for the'pur,pose,and design described in your application.. The plans and
specificatibns for`this project' are incorporated' by reference as part of the, Certification and
'Buffer Authorization. Ifyou change your project, you must`notify the Division and you rmay be
required to submit a fieW application package with the'appropriate fee., If the property is sold,
'Falls Road Baptist Church
DWkftd4' 0814
401 ANUBUFFER APPROVAL
Page 3 of 4
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 its,conditigns,are final,and binding unless contested.
This Certification, and Buffer Authorization, can .be contested as; provided in Articles ,3 and, 4 of
General Statute 1'50B by filing,a written, petition'for an administrative, hearing to the Office of
Administrative, Hearings (hereby, known',as OAR). -A petition form may be.obtained from the OAH
at http: / /w\tw.ncoah.coM/ or by calling the OAHICIerVs: Office at (919) 431 -3000 for information.
Within thirty, (30) calendar days of receipt of this notice, ,a petition�rnust be filed with the OAH. A
,petition is cohsidered,filed when the 6rigin'al and one (1) copy along with any applicable OAH',filing
fee is receiyed'in the OAH during normal office hours (Monday,th_rough Friday between 8:00ai,n
,and 5 :00pm, excluding official state, holidays).
The,petition may beIaxed 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
Via the US Postal Service':
Office� of, Administrative Hearings
6714 Mail Service Center -
Raleigh, NC 27699 =6714
`If sending via d_eli,very "service
(e.g,. UPS, ,Fed Ex):
Office of Administrative Hearings
1711 New Hope Church Road -
Raleigh, NC,27609- ,6285'
One (1) copy -,of the petition mustAso.be served to DENR:
Lacy Presnellj�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 b/First Class, Mdil
via the US .Postal Service:
Karen Higgins
NC DENR- DWR— ,Webscape,Unit
:1617'Mail,Service Center
'If sending ,via delivery service
(e.g, 'UPS, FedEx):
Karen Higgins
NG DENR -DWR — Webscape, Unit,
512 N. Salisbury Street
Falls Road Baptist Church
DWR# 14 -0814
401 AND BUFFER APPROVAL
Page 4 of 4
Raleigh, NC,27699 -1617 Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and the
Tar - Pamlico Riparian Buffer Rules. Please contact Cherri Smith at 919 - 791 -4251 or
cherri.smith7ro have ny questions or concerns.
Sin erel
i'
Ga 109
Danny Smit,
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
Chris Hopper; Kleinfelder, Inc.; 3500 Gateway Centre Blvd., Ste. 200; Morrisville, NC
27560
DWR RRO 401 Files