HomeMy WebLinkAbout20080580 Ver 4_Approval Letter_20170131Water Resources
ENVIRONMENTAL QUALITY
January 31, 2017
DR Horton, Inc.
Attn: Mr. Jason Reiswig
2000 Aerial Center Parkway
Morrisville, NC 27560
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 05-0580 v4
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION AND NEUSE RIPARIAN BUFFER
IMPACTS WITH ADDITIONAL CONDITIONS
BRYSON VILLAGE PHASE 8
Dear Mr. Reiswig:
You have our approval for the impacts listed below for the purpose described in your application
dated December 30, 2016, received by the Division of Water Resources (Division) on January 6,
2017, with subsequent information on January 31, 2017. These impacts are covered by the
attached Water Quality General Certification Number 3890, Neuse Buffer Rules and the
conditions listed below. This Certification replaces the Certification issued on August 5, 2008 that
has expired. 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 certifications) or
general permit 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
approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] and 15A
NCAC 02B.0233(8)]
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
DR Horton, Inc.
DWR# 05-0580 v4
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Stream
Site 1 - intermittent
36 (linear feet)
0 (linear feet)
Site 2 - perennial
0 (linear feet)
21 (linear feet)
Site 3 - perennial
123 (linear feet)
0 (linear feet)
404/401 Wetlands
Site 1
0.0025 (acres)
0 (acres)
Site 2
0 (acres)
0.0013 (acres)
Site 3
0.0099 (acres)
0 (acres)
Buffers — Zone 1
Site 1
1,415 (square feet)
0 (square feet)
Site 2
1,209 (square feet)
0 (square feet)
Site 3
7,221 (square feet)
0 (square feet)
Buffers — Zone 2
Site 1
1,511 (square feet)
0 (square feet)
Site 2
892 (square feet)
0 (square feet)
Site 3
4,777 (square feet)
0 (square feet)
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/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(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. The project shall comply with 15A NCAC 02T.0301 and all other State, Federal and local
sewer system regulations. [15A NCAC 02T.0301]
4. Because the stormwater management plan approved by City of Raleigh is being used to
meet diffuse flow requirements on this project, you are required to submit a digital copy
of the approved stormwater management plan (SMP) including plan details on scaled
plan sheets with proof of City of Raleigh's approval. The approved SMP shall be
submitted to Jennifer Burdette of the DWR 401 and Buffer Permitting Branch
(jennifer.burdette(@ncdenr.gov) before any impacts authorized in this certification occur.
After it is approved, the SMP may not be modified without prior written authorization
from the City of Raleigh. If modified, a digital copy of the approval letter and the
modified SMP shall again be submitted to the DWR 401 & Buffer Permitting Branch (at
DR Horton, Inc.
DWR# 05-0580 v4
Page 3 of 4
the email address above) prior to the commencement of the modifications. [15A NCAC
02H .0506(b)(5)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification/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) within sixty (60) calendar days.
A petition form may be obtained from the OAH at htt_p://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information. 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 via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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 .0233. Please contact Jennifer
DR Horton, Inc.
DWR# 05-0580 v4
Page 4 of 4
Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have any questions or
concerns.
Enclosures: GC 3890
cc: Bob Zarzecki, Soil & Environmental Consultants, PA, 8412 Falls of Neuse Rd., Ste 104,
Raleigh, NC 27615
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 080580v4BrysonVillagePh8(Wake)_401_GC_NRB.docx