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Home My WebLink About20160461 Ver 1_Approval Letter_20160804P'AT.MCCRORY Governor DONALD R. VAN DER VAART Secretary Water Resources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director August 4, 2016 DWR #16-0461 Johnston County Edward W. Rhodes Estate 836 Peele Rd. Clayton, NC 27520 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 Rhodes Estates Dear Edward W. Rhodes Estate: You have our approval for the impacts listed below for the purpose described in your application, dated May 5, 2016 and received by the Division of Water Resources (Division) on May 9, 2016 with additional information received on August 3, 2016: 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 (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: 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 im.p.acts are approved; including incidental impacts. [15A NCAC 02B-.0506(b)(c) and 15A NCAC 0213 .023.3(8)] 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 0 Rhodes Estates DWR #16-0461 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 133 (linear feet) 0 (linear feet) Road Buffers —Zone 1 7,917 (square feet) 0 (square feet) Road .Buffers —Zone 2 4,399 (square feet) 0 (square feet) Road 2. Diffuse Flow All stormwater must 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. [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] 4. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these. bo.u,ndaries 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 .05.07 (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 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. [15A NCAC 02B .0507(d)(2)] 6: This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Rhodes Estates DWR #16-0461 401.AND BUFFER.APPROVAL Page 3_of,4 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 . J 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 (Mondaythrough, Friday between &00am and 5:000m, 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 If sending via.delivery service . via the US Postal Service: (e.g. UPS, FedEx):. Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: 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 If sending via delivery service via the US Postal Service: (e.g. UPS, FedEx).- Karen edEx):Karen Higgins Karen Higgins NC DENR-DWR-401 & Buffer NC DEN R-DWR-401 & Buffer. Permitting Unit Permitting Unit 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1617 Raleigh, NC 27604 -Rhodes Estates DWR #16-0461 401 AND BUFFER APPROVAL Page 4 of 4 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 0213 .0233. Please contact Cherri Smith at 919-791-4251 or cherri.smith(@.ncd.enr.gov. if you have any questions or concerns. Sincerely, Danny Smit . Supervisor -.Water Quality Regional Operations Section Enclosure: GC 3886 M. U.S..Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr., Ste. 105; Wake Forest, NC 27597 Wyatt Brown; Browns Environmental Group, Inc.; 242 Batten Farm Rd.; Selma, NC 27.576 DWR RRO 401/Riparian Buffer file DWR 401 & Buffer Permitting Unit