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Home My WebLink About20071344 Ver 3_Approval Letter_20160419Water Resources ENVIRONMENTAL QUALITY April 19, 2016 PAT MCCRORY T%F Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director - DWR #07-1344 v3 Johnston County BMT, LLC Attn: Harvey Montague 1210 Trinity Rd. Raleigh, NC 27607 Town of Clayton Attn: Steve Biggs, Town Manager P.O. Box 879 Clayton, NC 27528 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (1SA NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Bristol Subdivision Dear Messrs. Montague and Biggs: You have our approval for the impacts listed below for the purpose described in your application dated April 6, 2016 and received by the Division of Water Resources (Division) on April 8, 2016. These impacts are covered by the attached Water Quality General Certification Numbers 3884 and 3886 and the conditions listed below. These certifications are associated with the use of Nationwide Permit Numbers 12 and 14 once they are 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 Authorization Certificate for DWR #07-1344 v3 does not replace the Authorization Certification for DWR #07-1344 v2 dated February 20, 2008. 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 and Buffer Rules are met. No other impacts are Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Bristol Subdivision DWR #07-1344 v3 401 AND BUFFER APPROVAL Page 2 of 4 approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B .0233(8)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland 0.0079 (acres) 0 (acres) Gravity Sewer 1 Wetland 0.0007 (acres) 0 (acres) Gravity Sewer 2 Wetland 0.0029 (acres) 0 (acres) Force Main & Greenway Buffers — Zone 1 1,287 (square feet) 0 (square feet) Gravity Sewer 2 Buffers —Zone 2 872 (square feet) 0 (square feet) Gravity Sewer 2 Buffers —Zone 1 2,433 (square feet) 0 (square feet) Force Main & Greenway Buffers — Zone 2 1,729 (square; feet) 0 (square feet) Force Main & Greenway 1 ::1 2. Stormwater Management Plan (SMP) Approved by a Delegated Local Communitv The SMP approved by Johnston County on June 2, 2014 meets the requirements of the 401 Certification Program. The SMP may not be modified without prior written authorization from . Johnston County. A copy of the approval letter and the modified SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 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. [15A NCAC 02H .0501 and .0502] Bristol Subdivision DWR #07-1344 v3 401 AND BUFFER APPROVAL Page 3 of 4 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. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 5. 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 Certificationand 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. [15A NCAC 02B .0507(d)(2)] 6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] 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. 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). The petition may be faxed 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 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: A Sam Hayes, 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 DEN R-DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Bristol Subdivision DWR #07-1344 v3 401 AND BUFFER APPROVAL Page 4 of 4 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DEN R-DWR-401 & Buffer Permitting 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.0283. Please contact Cherri Smith at 919-791-4251 or cherri.smith@ncdenr.gov if you have any questions or concerns. Socey, 9rv1-) Danny Smith Supervisor, Water Quality Regional Operations Section Enclosures: GC 3884 & 3886 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr., Ste. 105; Wake Forest, NC 27597 Sarah Osborne; Soil Services, PLLC; 5905 Triangle Dr.; Raleigh, NC 27617 DWR RRO 401/Riparian Buffer file DWR 401 & Buffer Permitting Unit