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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