HomeMy WebLinkAbout20171567 Ver 1_Approval Letter_20180129Water Resources
ENVIRONMENTAL QUALITY
January 29, 2018
Capital Properties of Raleigh II, LLC
Attn: Jeff Palmer
2840 Plaza Place, Suite 200
Raleigh, NC 27612
ROY COOPER
Goverunr
MICHAEL S. REGAN
Semlap.
LINDA CULPEPPER
hnerim Director
DWR # 2017-1567
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (ISA NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Center Street Station
Dear Mr. Palmer:
You have our approval for the impacts listed below for the purpose described in your
application dated December 6, 2017, received by the Division of Water Resources (Division)
December 6, 2017, with subsequent information on January 16, 2018. These impacts are
covered by the attached Water Quality General Certification Number 4139 and the Neuse River
Basin Riparian Buffer Rules 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 approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit 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 02H .0506(b) and/or (c) and 15A NCAC 02B
.0233(8)]
Stale of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 907 6300
Capital Properties of Raleigh II, LLC
DWR# 2017-1567
Page 2 of 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
404/401 Wetlands
W1
.047 (acres)
0 (acres)
W2
.01 (acres)
0 (acres)
Buffers—Zone 1
131 — stormwater outlet
923 (square feet)
0 (square feet)
Buffers — Zone 2
Bl - stormwater outlet
506 (square feet)
0 (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 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(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
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) 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:OOam 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
Capital Properties of Raleigh II, LLC
DWR# 2017-1567
Page 3 of 3
If sending via delivery service (UPS, FedEx,
etc):
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
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse River Basin Riparian Buffer Rules. Please contact Sue Homewood at 336-776-9693 or
sue.homewood(@ncdenr.gov if you have any questions or concerns.
Sincerely,
ck V" 4t��
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4139
cc: Justin Milstein, Mitchell Environmental PA (via email)
USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch file
DWR RRO
Filename: 171567CenterStreetStation(Wake)_401_GC_N BR