HomeMy WebLinkAbout20171578 Ver 1_Approval Letter_201801253,A
Water Resources
ENVIRONMENTAL QUALITY
January 25, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR #17-1578
Wake County
Sally E. Maclsaac
6528 Willshire Drive
Fuquay Varina, NC 27526 -
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Highland Forest
Dear Ms. Maclsaac:
You have our approval for the impacts Listed below for the purpose described in your application
dated December 8, 2017 and. received by the Division of Water Resources (Division) on
December 8, 2017 with additional information' received on January 22, 2018. These impacts are
covered by the attached Water Quality General Certification Number 4139 and -the conditions
listed below. This certification is. ass I6ciated with the use of Nationwide Permit Number 29 once
it is issued to you by the U.S. Army Gorp;s 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'Erbsion Control, Non -Discharge, and Water Supply Watershed
regulations.
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://poi-tal.ne,denr:org/web/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
Highland Forest
DWR #17-1578
401 APPROVAL
Page 2 of 5
,_Type of Impact
Amount
Approved (units)
Permanent .
Amount
Approved (units)
Temporary
Wetland
W1 -Fill
0.0054 (acres)
0 (acres)
W2 -Fill
0.0187 (acres)
0 (acres)
W3 -Fill
0.0285 (acres)
0 (acres)
W.4 -Fill
0.0197 (acres)
0 (acres)
W5 -Fill
0.0097 (acres)
0 (acres)
W6 -Fill
0.0038 (acres)
0 (acres)
W7 -Fill
0.0098 (acres)
0 (acres)
Stream
S1 -Road Crossing -Box Culvert
77 (linearfeet)
0 (linear feet)
S2=Road Crossing -Bottomless Arch Culvert
72 (linear feet)
0 (linear feet)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the -Town -of Fuquay Varina '
and meet the requirements of this Certification. The SMP may not be modified without prior
written authorization from the Town of Fuquay Varina. [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 rule's 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 tb 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 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 021 .0507(d)(2)]
Highland Forest
DWR #17-1578
401 APPROVAL
Page 3 of 5
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.coml or by calling the;OAH Clerk's Office at..(919) 431=30`00 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 an'yapplicable 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
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending ivia, delivery service
(e.g. UPS,`CFedEx):
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
Highland Forest
DWR #17-1578
401 APPROVAL
Page 4 of 5
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 concer
0Si cere y,
a1919
Danny Smit
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4139
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
Sean Clark via e-mail at sclark@sageecological.com