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HomeMy WebLinkAbout20140842 Ver 1_Approval Letter_20140813NCDENR North'Carolina Department of Environment and, Natural Resources Pat McCrory Governor August 13,, °2014 PublicaWorks & Utilities Department Attn: Timothy Donnelly - Director 105 Upchurch Street Apex; NC 27502 John E. Skvarla, III Secretary OWR #,14.0842 Wake'County. Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE;JORDAN LAKE WATER SUPPLY WATERSHED, RIPARIAN BUFFERPROTECT,ION RULES (1`5A NCAC'026 .0267) WITH ADDITIONAL CONDITIONS White Oaktreek Infrastructure ,Dear- Mr. Donnelly: You,,have• our approval ,for the impacts listed belo_.w, for °the purpose described, in your application A'ated August 7, 2014,and received by the Division of Water Resources (D,ivision), on August 7, 2014, These impacts'are covered bythe attached Water Quality General `Certification Number 3884 and the conditions listed below: This certification is,associated wi'th,theuse of Nationwide Permit,Number 12 onee`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,, includingthose required by (but not'limited to.) S'edi'ment,and Erosion,Control, Non - Discharge, and Water.Supply Watershed regulations. Thi's,approval regpires�you to follow,the,conclitlons'Iisted in•the enclosed` certification ariclAhe, fo`Ilovving additional conditions: 1. The following iMpa' cts,are, hereby Rapprovedl provided that a_'ll 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. NorthCarol Natural North Carol ma'Drvision of Water Resources 1628 Mail ServimCehter Raleigh ,=NC 27699 - 1'628 Phone (919) 791 -4200 Custor er,,Service, Internet • www ncwaterquahty,oig- Location ,3800 Barrett'Drrve Raleigh; NC 27609 Fax (09)'788-7159 1- 87,7- 623, -67,48 An Equal1Opportunity /Affirmative Action`Employer— 501% Recycledl10 %,P,ostconsumer Paper White Oak`C_reek Infrastructure 'DWR# 14 -0842 401 AND BUFFER APPROVAL Page 2 of 4, Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary, Wetland 0 ,(acres) 0.003 (acres) Site Wetland 0 (acres), 0.010 (acres)' Site Wetland 0 (acres) 0.002 (acres) Site Wetland 0 (acres) 0.009 (acres) Site Buffers —Zone 1 0' (square feet) 4,402 (square feet) Buffers — Zone,2 0 (square feet) 3,482 (square feet) 2. No Waste, Spoil, Solids, or Fill.of Any Kind' No waste, spoil, solids, or fill of any kind shall .occur in wetlands, water or riparian areas beyond the footprintof the impacts,depicted in the Pre-Construction Noltification. 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 ,un'der this authorization shall be clearly marked with orange warning fencing (or similar high visib'ilitymaterial) `for the, areas that have been approved to 'infringe within the bLiffer,,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 anew application package with the appropriate fee. If�the property is•sold,, the new owner must be given a copy of'this'approval letteran'd General Certification and is responsible for complying with all conditions. 5., 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 1506 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 White Oak CreekdWastpictu_re oDW R# 14 -0842 401 AND BUFFER APPROVAL Page of 4 at http : / /www.nco8h.com/ or by calling the OAH Clerk's,Office at, (919) 431 -3000 for information. Within thirty (30) calendar days, of,receip`t 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 :OOpm, excluding official state holidays). The petition may be faxed to the OAH at (9.19) 431 =3100, ,provided the original and on'e copy ofthe petition 'along,With any applicable OAH filing fe_e'is received by the OAH within five (5), business days'following the faxed,transmission. Mailing address for the, OAH. If sending by First Class ,Mdil 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 J 1601 Mail Service Center Raleigh, NC 2769,9 -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 1611 Mail Service Center Raleigh,,'NC 27699 -1617 If sending via delivery service (e.g. UPS, FedEx): ,Karen Higgins NC DENR'DWR — Webscap,e Unit 512 N. Salisbury Street Raleigh, NC 27604 Thi's letter completes the review of the Division under section 401 of the Clean Water Act and the Jordan Lake_ Water Supply Watershe&Riparian Buffer Protection Rules as described, in 15A NCAC 02B .0267. Please contact Cherri'Smith at 919 - 791=4251 or cherri.smith @ncdenr-.gov if you, have any questions or concerns. r ,S' cer,_ely; White,Oak.Creek Infrasfruct&e DWR # 14 -0842 401 A_ ND BUFFERvAPPROVAL Page 4 of 4, A v Dan'ny'Smi, Supervisor, Water Quality Regional Q;pe ration s'Section Enclosure: �GC,3884 cc: Ur5..Army Corps offEngineers; Raleigh IRegulato-ry Field Office ;'3331 Heritage Trade Drive,,St. 105; Wake forest „'NC 27597 Deborah Shirley; Soil & EnVironmental Consultants; 8412 Falls of Neuse Road, Ste. 104; Raleigh, NG27615 DWR RRO.401 Files