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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