HomeMy WebLinkAbout20160612 Ver 1_Approval Letter_20160809PAT MCCRORY'
Governor
DONALD R. VAN DER VAART
Secretary .
Water Resources
ENVIRONMENTAL QUALITY - - - - - S. JAY ZIMMERMAN -
Director
August 9, 2016
DWR #16-0612
Wake County
Kirkpatrick & Associates, LLC
Attn: Matt Kirkpatrick
3715 Bridgeton Park Dr.
Raleigh, NC 27612
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NE.USE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 0213 .0233) WITH: ADDITIONAL CONDITIONS
Bailey's Landing Phase IV
Dear Mr. Kirkpatrick;
You have our approval for the impacts listed below for the purpose described in your
application dated July 20, 2016 and received by the Division of Water Resources (Division) on
July 22, 2016. These impacts are. cove red 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 29 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 impacts are
approvedi including incidental impacts: [15A NCAC 02B .0506(b)(c) and 15A NCAC 02.B
.:0233(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
2.: Diffuse Flow Plan: Submittal of. a Local Government Approval Required
Because the stormwater management plan (SNIP) approved by Wake County is being used
to meet diffuse flow requirements on this project, you are required to submit one copy of
the approved SMP, including plan details.on full-sized plan sheets, with proof of Wake
County's approval. The approved -SMP shall be submitted to the DWR 401 & Buffer
Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts
authorized in this certification occur. The SMP may not be modified without prior written
authorization from the Wake -County. If the SNIP is modified in the future, then you shall
provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit
prior to the commencement of the modifications. [15A NCAC 0213 .0233 (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. he Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
Type of Impact Amount Approved Amount Approved
(units) {units)
- Permanent Temporary
Wetland 0.058 (acres) . 0 -(acres)
Road
Wetland 0.009 (acres) -0 (acres) ,
Entrance Monument
Stream 126 (linear feet) 10 (linear feet)
Culvert
Stream 0 (linear,feet) 20 (linear feet)
Temporary Access
:Buffers—Zone 1 0 (square feet) 1;200 (square feet)
Temporary Access -
Buffers — Zone 2 0 (square feet) 800 (square feet) -
Temporary Access
Buffers — Zone 1 6,582 (square feet) 0 (square feet)' _
Road
Buffers — Zone 2 31790 (square feet) 0 (square feet)
Road
Buffers —Zone 1 164 (square feet) .0: (square feet).
BMP Rip -Rap
Buffers —Zone
2
0 (square feet)
0 (square feet)'
BMP Rip -Rap
2.: Diffuse Flow Plan: Submittal of. a Local Government Approval Required
Because the stormwater management plan (SNIP) approved by Wake County is being used
to meet diffuse flow requirements on this project, you are required to submit one copy of
the approved SMP, including plan details.on full-sized plan sheets, with proof of Wake
County's approval. The approved -SMP shall be submitted to the DWR 401 & Buffer
Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts
authorized in this certification occur. The SMP may not be modified without prior written
authorization from the Wake -County. If the SNIP is modified in the future, then you shall
provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit
prior to the commencement of the modifications. [15A NCAC 0213 .0233 (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. he Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
Type of Impact Amount Approved Amount Approved
(units) {units)
- Permanent Temporary
Wetland 0.058 (acres) . 0 -(acres)
Road
Wetland 0.009 (acres) -0 (acres) ,
Entrance Monument
Stream 126 (linear feet) 10 (linear feet)
Culvert
Stream 0 (linear,feet) 20 (linear feet)
Temporary Access
:Buffers—Zone 1 0 (square feet) 1;200 (square feet)
Temporary Access -
Buffers — Zone 2 0 (square feet) 800 (square feet) -
Temporary Access
Buffers — Zone 1 6,582 (square feet) 0 (square feet)' _
Road
Buffers — Zone 2 31790 (square feet) 0 (square feet)
Road
Buffers —Zone 1 164 (square feet) .0: (square feet).
BMP Rip -Rap
Buffers —Zone
Bailey's Landing Ph. IV
MR #16-0612
401 AND BUFFER APPROVAL
.Page 3.
of 4
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.05.01.
and .0502]
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 Certification and
Buffer Authorization. If you change your project, you must notify the Division and you may
be required to submit a new applicationpackage 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. 143-215.51.
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 '(herebyknown 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 S.: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 1.
If sending by First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Bailey's. Landing Ph. IV
DWR #16-0612
401 AND BUFFER APPROVAL
Page 4 of 4 -
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.`io DWR:
If sending by First Class Mail If. sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins
NC DENR-DWR — 401 & Buffer NC DENR-DWR — 401 & Buffer
Permitting Unit Permitting Unit `
1617 Mail Service Center 512 N. Salisbury Street
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 Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherri
Smith at.919=791-4251 or cherri.smith ncdenr. ov if you have any questions or. concerns.
.Si ere
Danny Smi h
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste, 105; Wake Forest, NC:27597
Justin Milstein; Timmons Group; 5410 Trinity Rd., Ste. 102; Raleigh, NC 27607
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit