HomeMy WebLinkAbout20180052 Ver 1_Approval Letter_20180208Water Resources
ENVIRONMENTAL QUALITY
February 8; 2017
Mitchell Mill Road Investors, LLC
Attn: Julian Rawl
100 Weston Estates Way
Cary, NC 27513
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
. Lnterim
Director
DWR #18-0052
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN, RIPARIAN BUFFER.,
PROTECTION RULES (15A NCAC 026 .0233) WITH ADDITIONAL CONDITIONS
Kalas Falls Subdivision
Dear. Mr. Rawl:
You have our approval for the impacts listed below for the purpose described in your
application -dated -January 8, 2018 and received by the Division of Water Resources'(Division) on
January 9, 2018. These impacts are covered by the attached Water,Quality,General
Certification Number 4132 and 4139 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number 3 and 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 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 02B .0506(b)(c) and 15A NCAC 02B
.0233(8)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/webiwq/aps
1628 Mail Service Center; Raleigh, NC 27699-1628 Phone: (919) 791-4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
Kalas Falls Subdivision
DWR #18-0052.
401 AND BUFFER APPROVAL
Page.2 of 6
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland .
W6D-Road Fill/Backslopes
0.006 (acres)
0 (acres)
W6E-Road Construction
0 (acres).
0.003 (acres)
W17A-Construction Easement for Sewer
0 (acres)
0.02 (acres)
Stream
S6A-Road Crossing/Culvert
78 (linear feet)
0 (linear feet)
S10A-Road Crossing/Culvert
119 (linear feet)
0 (linear feet)
S613 -Rip -rap Dissipator
14 (linear feet)
0 (linear feet)
S1013 -Rip -rap Dissipator
28 (linear feet)
0 (linear feet)
S6C-Culvert Installation
0 (linear feet)
5 (linear.feet)
S6F.-Culvert Installation
0 (linear feet)
15 (linear feet)
S10C-Culvert Installation
0 (linear feet)
5 (linear feet)
S10D-Culvert Installation
0 (linear feet)
10 (linear feet)
525 -Construction of Dissipator
62 (linear feet)
0 (linear feet)
Open Water
01 -Road Crossing
0.23 (acres)
0 (acres)
026 -Grading for cofferdam
0 (acres)
0.078 (acres)
027 -Grading for dam
0.01 (acres)
0 (acres)
Buffers _ Zone 1
132-116ad Crossing
8,367 (square feet)
0 (square feet)
133 -Road Crossing
727 (square feet)
0 (square feet)
137 -Road Crossing
5,344 (square feet)
0 (square feet)
138-13MP/Outfall
513 (square feet)
0 (square feet)
139713MP/Outfall
37 (square feet)
0 (square feet)
1311 -Road Crossing
4,059 (square feet)
0 (square feet)
1312 -Road Crossing
4,039 (square feet)
0 (square feet)
B14A-Sewer Easement
2,413 (square feet)
0 (square feet)
131713 -Sewer Easement
1,471 (square feet)
0 (square feet)
B21A-Sewer Easement
2,095 (square feet)
0 (square feet)
131413 -Sewer Construction Corridor
0 (square feet)
790 (square feet)
B17C-Sewer Construction Corridor
0 (square feet)
719 (square feet)
131913 -Sewer Construction Corridor
0 (square feet)
8 (square feet)
132113 -Sewer Construction Corridor
0 (square feet)
636 (square feet)
1328 -Grading for'Auxiliary Spillway
3,266 (square feet)
0 (square feet)
1329 -Grading for Dam Rehab
571 (square feet)
0 (square feet)
1332 -Grading for Dam Rehab 178
(square feet)
0 (square feet)
1331 -Grading for Temp. Access
0 (square feet)
29 (square feet)
Kalas Falls Subdivision
DWR #18-0052
401 AND BUFFER APPROVAL
Page 3 of 6
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers - Zone 1 Continued
1333 -Grading for Erosion Control
0 (square feet)
436 (square feet)
Buffers— Zone 2
132-116ad Crossing
4,819'(square feet)
0 (square feet)
63-11oad Crossing
2,24.1 (square feet)
0 ,(square feet)
134-Sto,rmwater Outfall
376 (square feet)
0. (square'feet)
135-Stormwater Outfall
295'(sq'u'are feet)
0 (square'feet)
137 -Road Crossing
3,393. (square feet)
0' ('square feet)
138-13MP/Outfall
1,484 (square feet)
0 (square feet)
139-13MP/Outfall
1,911 (s,quare feet)
0 (square feet)
1311-Mad.Cr,ossing
2,656 (square feet)
0 (square feet)
B12-116adzVlossing
2,612 (square feet)
0 (square feet)
1313-BMP/06tf,,all
96 (square feet)
0 (square feet)
1314A -Sewer; Easement
687 (square feet)
0 (square feet)
B15A-Sewer, Easement
1,208 (square feet) .
0 (square feet)
1316A -Sewer, Easement
155 (square feet)
0 (square feet)
131713 -Sewer', Easement
2,663'(sq,6are feet)
0 (square feet)
1318A -Sewer' Easement
1,863 (square feet)
0 (square feet)
1319A -Sewer Easement
1,905'(s;quare feet)
0 (square feet)
920A -Sewer; Easement
612 (square feet)
0 (square feet)
1321A -Sewer, Easement
2,067 ,(square feet)
0 (square feet)
1322A -Sewer Easement
270 (square feet)
0 (square -feet)
1323A -Sewer Easement
3,335 ,(square feet)
0 (square feet)
1324A -Sewer Easement
10,472,(sqpare feet)
0 (square feet)
131413 -Sewer Construction Corridor
0 (square feet)
275 (square feet)
131513 -Sewer Construction Corridor.
0 (square feet)
932 (square feet)
617C -Sewer Construction Corridor
0 (squ"ar'e�,feet)
708 (square feet)
131813 -Sewer Construction Corridor
0 (squaie;l feet)
1,074 (square feet)
131913 -Sewer Construction Corridor
0 (sq garelllfeet)
1,167 (square feet)
B20A-Sewer Construction Corridor
0 (squa're;feet)
370 (square feet)
13216 -Sewer Construction Corridor
0 (squ',ar:e!feet)
598 (square feet)
13226 -Sewer Construction Corridor
0 (squ,a�r'e"feet)
666 (square feet)
132313-8ewer Construction Corridor,
0 (squ'a're,,feet)
793 (square feet)
132413 -Sewer Construction Corridor.
0 (squ;a1edlfeet) "
240 (square feet)
1330 -Grading for Temporary Access
0 (squ;a;re,feet)
1,300 (square feet)
Kalas Falls Subdivision
DWR #18-0052
401 AND BUFFER APPROVAL
Page 4 of 6
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 the 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. [1SA NCAC 02B .0507(d)(2)]
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 pZovided 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 (919) 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).
M
Kalas Falls Subdivision
DWR #18-0052
401 AND BUFFER APPROVAL
Page 5 of 6
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
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
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 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 cer y,
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4132, GC 4139
Kalas Falls Subdivision
DWR #18-0052
401 AND BUFFER APPROVAL
- Page 6 of 6
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3,331 Heritage,Trade Dr.,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche
Troy Beasley via a -mail at,tbeasley@withersravenel.com .