HomeMy WebLinkAbout20170317 Ver 1_Approval Letter_20170509ROY COOPER
Governor
y
r MICHAEL S. REGAN
Secretary
Water Resources S. JAY ZIMMERMAN
,Environmental Quality Director
May 9, 2017
DWR # 17-0317
Wake County
Wake County Board of Education
ATTN: Jason Phelan
1551 Rock Quarry Road
Raleigh, NC 27610
Subject; APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Northwest Cary Middle School.
Dear Mr. Phelan:
You have our approval for the impacts listed below for the purpose described in your application dated March
209 2017, received by the Division of Water Resources (Division) on March 21, 2017, with subsequent
information received on May 1, 2017, May 2, 2017, and May 8, 2017. These impacts are covered by the
attached Water Quality General Certification Number 4092 and the conditions listed below. This certification
is associated with the use of Nationwide Permit Number 39, 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 theconditions listed in the. enclosed certifications) or general permit
and the following additional conditions:
1. The following impacts .are hereby approved, if all the other specific and general conditions of the
Certification are met. No other impacts are approved, including incidental impacts. [ 15A NCAC 02H
.0506(b) and/or (c)] and 15A NCAC 02B .0269(8)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Stream
Impact 1
147 (linear feet)
404/401 Wetlands
Impact 1
0.04 (acres)
Impact 2
0.17 (acres)
Impact 3
0.03 (acres)
Impact 4
0.16 (acres)
Buffers —Zone 1
Impact 1
8,962 (square feet)
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-98001 FAX: 336-776-9797
Wake County Board of Education
DWR# 17-0317
401 APPROVAL
Page 2 of 3
Buffers —Zone 2
Impact 1 5,435 (square feet)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as partof the Certification. 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. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction
area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land
disturbing activities and must be maintained on the property until the project phase is
completed. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC 02H.0507 (c)]
This approval and its conditions are inial and binding unless contested. [G.S. 143-215.5]
This Certification 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 http://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 S:OOpm, 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
Wake County Board of Education
DWR# 17-0317
401 APPROVAL
Page 3 of 3
One (1) copy of the petition must also be served to DEQ:
William F. Lane, 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 as described in
15A NCAC .0267. Please contact April Norton at 336-776-9693 or gpril.norton(&,ncdenr.gov if you have any
questions or concerns.
Sincerely,
0AU
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ — WSRO
Enclosures: GC 4092
cc: Elias Ruhl, Froehling &Robertson (via email)
Tasha Alexander, USACE Raleigh Regulatory Field Office (via email)
DWR RRO 401 file
DWR 401 &Buffer Permitting Unit file