HomeMy WebLinkAbout20170342 Ver 2_Approval Letter_20170929Water Resources
ENVIRONMENTAL QUALITY
September 29, 2017
Pulte Home Company, LLC
Attn: Chris Raughley
1225 Crescent Green Drive
Suite 250
Cary, NC 27518
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director -
DWR #17-0342 v2
Wake County
Subject: APPROVAL OF 401WATER QUALITY CERTIFICATIONI'WITH ADDITIONAL CONDITIONS
Woodbury
Dear Mr. Raughley:
You have our approval for the impacts listed below for the purpose described in your application
dated August 25, 2017 and received by the Division of Water Resources (Division) on August 25,
2017. These impact's 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 for DWR #17-
0342 v2 replaces the 401 Water Quality Certification for #17-0342 dated May 9, 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, NVater Quality Operations Section http://portal.ncdenr.org/web7wq/aps .
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200
Location: 3800 Barrett Drive,, Raleigh, NC 27609 Fax: (919) 788-7159
Woodbury
DWR #17-0342 v2
401 APPROVAL
Page 2 of 4
Type of Impact
Amount
Approved (units)
Permanent
Amount Approved
(units)
Temporary
Wetland
Impact #3 -Road Grading
0.035 (acres)
0 (acres)
Impact #4 -Lot Grading
0.021 (acres)
0 (acres)
Impact #7 -Lot Grading
0.013 (acres)
0 (acres)
Impact #20 -Road Grading
0.046 (acres)
0 (acres)
Impact #25 -Road Grading
0.116 (acres)
0 (acres)
Impact #26 -Utility -Open Cut
0 (acres)
0.126 (acres)
Impact #27 -Utility -Open Cut
0.127 (acres)
0 (acres)
Stream
Impact A #1 -Sewer Crossing -Open Cut
0 (linear feet)
47 (linear feet)
Impact M #5 -Sewer Crossing -Open Cut
0 (linear feet)
43 (linear feet)
Impact B #6 -Sewer Crossing -Open Cut
0 (linear feet)
41 (linear feet)
Impact C #8 -Road Crossing
0 (linear feet)
8 (linear feet)
Impact C #9 -Rip Rap Dissipater
27 (linear feet)
0 (linear feet)
Impact C #10 -Road Crossing
76 (linear feet)
0 (linear feet)
Impact C #11 -Road Crossing
0 (linear feet)
34 (linear feet)
Impact B #12 Road Crossing
0 (linear feet)
18 (linear feet)
Impact B #13 -Rip Rap Dissipater
30 (linear feet)
0 (linear feet)
Impact B #14 Road Crossing
116 (linear feet)
0 (linear feet)
Impact B #15 Road Crossing
0 (linear feet)
49 (linear feet)
Impact B #16 Road Crossing
0 (linear feet)
22 (linear feet)
Impact B #17 Road Crossing
31 (linear feet)
0 (linear feet)
Impact B #18 -Rip Rap Dissipater
19 (linear feet)
0 (linear feet)
Impact B #19 Road Crossing
0 (linear feet)
19 (linear feet)
Impact C #21 Road Crossing
0 (linear feet)
24 (linear feet)
Impact C #22 Road Crossing
71 (linear feet)
0 (linear feet)
Impact C #23 -Rip Rap Dissipater
20 (linear feet)
0 (linear feet)
Impact C #24 Road Crossing
0 (linear feet)
16 (linear feet)
Impact 0 #28 -Sewer Crossing -Open Cut
0 (linear feet)
41 (linear feet)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the Town of Apex and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the Town of Apex. [15A NCAC 02H .0506(b)(3)]
. Woodbury
DWR #17-0342 v2
401 APPROVAL
Page 3 of 4
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 theimpacts 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 cgnstriuction'corriclor 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. If you
change your project, you must notify the Division acid 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 ir'res`ponsible for complying
with all conditions. [15A NCAC 02B .0507(d)(2)] '
6. 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 (91'9) 431-3000 for information.
Within sixty (60) 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
6714 Mail Service Center
Raleigh, NC 27699-6714
Woodbury
DWR #17-0342 v2
401 APPROVAL
Page 4 of 4
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:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR —401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
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.
0,,incerly,
12'
Danny Smit
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4092
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 via Laserfiche
Deborah Shirley via e-mail at dshirley@sandec.com