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HomeMy WebLinkAbout20140817 Ver 1_Approval Letter_20140822r • NEE 7__ WNW North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary August 22, 2014 DW.R #. 14 -0817 Wake ,County Town of `Holly,,Springs Attn: Charles•Simmons, Town Manager P.O. Box 8 Holly Springs, NC 27540 Subject: APPROVAL,OF 401 WATER QUALITY CERTIFICATION WITH, ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE,NEUSE RIVER BASIN RIPARIAN BUFFER " PROTECTION RULES (15A NCAC 02B.'0233) WITH ADDITIONAL CONDITIONS Grigsby Sidewalk Phase 2 Dear Mr. Simmons: Yowhave our approval for the impacts listed below�for the purpose,described in your application dated July 30, 2014 and received by the Division of Water Resources (Division) onAugust 1, 2014. These impacts are covered by the attached Water Quality General Certification Number 3886 and the conditions listed below. This, certification is associated with the use of Nationwide Permit Number 14 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 (butrnot 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: 1. 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. O e Carol )Vatura! North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919)791-4200. Customer Service Internet - www ncwaterquality org • Location 3800 Barrett Dave Raleigh, NC 27609 . Fax (919) 788 -7159 1= 877 - 623 -6748 An Equal OpportunitylAffirmafive Acton Employer— 50% Recycled110 %,Post Consumer Paper Grigsby Sidewalk Phase 2 DWR# 14 -0817 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 12 (linear feet) 7 (linear feet) Buffers — Zone 1 0 (square feet) 42 (square feet) Buffers — Zone 2 260 (square feet) 195 (square feet) 2. 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. 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. 4. 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. 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. 6. 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 150B 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. vi brigs . y,SidewalkaPhase,Z •,DW R #14 -0817 401 AND, BUFFER APPROVAL Page 1&4 'Within 'thirty (30) calendar daysof receipt ofthis notice, a petition must be• filed',witKilie,OAH: A ,petition is•considered fifed,When the, original and one (1) copy'alongwith any a,pplicab'le OAH filing fee is received in the,OAH during,nor,mal office hours ,(Mond ayt�hrough Friday between 8:00am. and 5:00pm, excluding official statelholidays). The, petition may be°faxed to�the OAH at (919)431 =3100, prov,ided-th'e original' and `one copy'of the petition along with any applicable OAH fili'ng,fee is received by the OAH withiwfive�(5) business days;follo,Wingthe faxed transmission, Mailing addressfor"the,00: if sending ,by Firsf, Class Mail via, the US Postal ,Service:- Office of Administrative Hearings 6714 Mail'Service, Center • Raleigh;'NC 27699,6714 Jf sending via delivery service (e;g., UPS, FedEx): .Office of Administrative Hearings 1711,NewHope,Church Roadi Raleigh, ,NC27609 -6285 One,('1) copy 6f'the,petition must also be,served'Ao DENR: Lacy `P,resnell, General Counsel Department of Environment and; Natural Resources 1601 Mail'S,ervice Center - Raleigh, �NC 27699 4601 Please 5end.one,(1) copy of the petition to'DWR: If sending by,First Class Mail via the US- Postal;Seiyice: Karen Higgins; NC- DEN. R -DWR— Webscape Unit 1617 Mail Service Center 'Raleigh, ;NC =27699 -1617 If sending via delivery�service (e.g. ,t)PS,1FedEx).- Karen+ Higgins NC DENR'- DWR,,W6bscap-e Unit 512 N.•Sali'sbur - -y Street. Raleigh,'NC 27604, This letter completes the review of the Division under section 401 of the Clean W.ater,Act-and the Neuse'Riparian BufferiRUles as described in 15A N,CAC10213 .0233 . PI'ease contact Cherri Smith at 919 - 791- 4251,or cherri:smith @ncdenr..gov'if you have,any questions�or,concerns. Grigsby Sidewalk Phase 2 D W R# 14 -0817 401 AND BUFFER APPROVAL Page 4 of 4 Sin erely, p�919 r� � Danny Smi Supervisor, Water Quality Regional Operations Section Enclosure: GC 3886 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 Aaron Levitt; Town of Holly Springs; P.O. Box 8; Holly Springs, NC 27540 DWR RRO 401 Files