HomeMy WebLinkAbout20100194 Ver 6_Approval Letter_20170512 ROY COOPER
Governor
t'°1
MICHAEL S. REGAN
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Director
May 12, 2017
DWR #10-0194 v6
Wake County
SAS Institute, Inc.
Attn: Patricia Dowty
100 SAS Campus Drive
Cary, NC 27513
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS
Creek Bank Stabilization
Dear Ms. Dowty:
You have our approval for the impacts listed below for the purpose described in your
application dated April 12, 2017 and received by the Division of Water Resources (Division) on
April 12, 2017. These impacts are covered by the attached Water Quality General Certification
Number 4087 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 13 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 401 Water Quality Certification
and Authorization Certificate for DWR#10-0194 v6 replaces the previous 401 Water Quality
Certification for DWR#10-0194 v6 dated May 4, 2017.
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 are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)]
Division of Water Resources,Raleigh Regional Office,Water Quality Operations Section http://portal.ncdenr.orgiweb/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
Creek Bank Stabilization
DWR#10-0194 v6
401 APPROVAL
Page 2 of 4
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Stream 30 (linear feet) 0 (linear feet)
Buffers—Zone 1
B1-Fill/Rip Rap 150 (square feet) 0 (square feet)
2. 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 the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
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 .0501
and .0502]
3. 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)]
4. 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. 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 and is responsible for
complying with all conditions. [15A NCAC 02B .0507(d)(2)]
5. This approval and its conditions are final 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). 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.
•
Creek Bank Stabilization
DWR#-10=0194 v6
, 401 APPROVAL
Page 3 of 4
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 8:OOam and 5:OOpm, excluding official state holidays).' •
;. The petition may be faxed to the OAH at (919) 431-3100, provided the original andone 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 by First Class Mail If sending via delivery service
via the',US Postal Service: (e.g..UPS, FedEx):
i
,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 to 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 .
Creek Bank Stabilization
DWR#10-0194 v6
401 APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any
questions or concerns.
Si cerel ,
/n
Danny Smi
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4087
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit
Tim Morton, SAS Institute Inc, 100 SAS Campus Drive, Cary, NC 27513
G. Robert Graham, George Finch/Boney and Associates PA, 309 N. Boylan Ave, Raleigh,
NC 27603-1402