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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