HomeMy WebLinkAbout20150813 Ver 2_Approval Letter_20170831 ROY COOPER
Governor
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MICHAEL S. REGAN
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Director
•
August 31, 2017
DWR #15-0813 v2
Wake County
Holland Road Incorporated
Attn:Douglas Ball
1401 Aversboro Road, Suite 206
Garner, NC 27259
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
Honeycutt Landing Phase IV
Dear Mr. Ball:
• You have our approval for the impacts listed below for the purpose described in your
application dated May 31, 2017 and received by the Division of Water Resources (Division) on
June 2, 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 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 401 Water Quality Certification
and Authorization Certificate for DWR#15-0813 v2 replaces the 401 Water Quality
Certification for#15-0813 v2 dated July 18, 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 and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 023 .0506(b)(c) and 15A NCAC 02B
.0233(8)]
Division of Water Resources,Raleigh Regional Office,Water Quality Operations Section http://portal.ncdenr.org/web/wq./aps
1628 Mail Service Center,Raleigh,NC 27699-1628 Phone: (919)7914200
Location: 3800 Barrett Drive,Raleigh,NC 27609 Fax:(919)788-7159
Honeycutt Landing Phase IV
DWR#15-0813 v2
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Stream
Sl-Culvert 53 (linear feet) 0 (linear feet)
Buffers-Zone 1
B1-Road Crossing 4564 (square feet) 0 (square feet)
Buffers-Zone 2
B1-Road Crossing 2975 (square feet) 0 (square feet)
•
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by Wake County and meet the
requirements of this Certification. The SMP may not be modified without prior written
authorization from Wake County. [15A NCAC 02H .0506(b)(3)]
3. 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]
4. 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)]
5. 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 and
Buffer 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
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
Honeycutt Landing Phase IV
DWR#15-0813 v2
401 AND BUFFER APPROVAL
Page 3 of 4
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and 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). A petition form may be obtained from the
OAH at http://www.ncoah.comf or by calling the OAH Clerk's Office at (919) 431-3000 for
information.
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 8:00am 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 by First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
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 Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Honeycutt Landing Phase IV
DWR#15-0813 v2
401 AND BUFFER APPROVAL
Page 4 of 4
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 02B .0233. Please contact Stephanie
Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or concerns.
Si cerel ,
aal• -77;7"
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4092
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit file via Laserfiche
Anna Reusche via email anna.reusche@timmons.com