HomeMy WebLinkAbout20150663 Ver 2_Approval Letter_20180309Water Resources
ENVIRONMENTAL QUALITY _
March 9, 2018
HHHunt Shaffer, LLC
Attn: Drew Kirchner
1401 Sunday Drive, Ste.' 109
Raleigh, NC 27607
ROY COOPER
. Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Interim Director
DWR #15-0663 v2
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL,CONDITIONS
Hensley Subdivision (White -Tracts)
Dear Mr. Kirchner:
You have our approval for the impacts listed below for the purpose described in your application
dated January 29,.2018 and received by the Division of Water Resources (Division) on January 29,
2018 with additional information received on March 7, 2018. These impacts are covered by the
attached Water Quality General, Certification Number 4139. 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)'S,ediment 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 are 'met. No other impacts are approved, including incidental
impacts. [15A NCAC 0213.0506(b)(01
Type of Impact
Amount
Amount
Approved (units)
Approved (units),
Permanent
Temporary
Wetland
W1 -Fill ii .
0.'139 (acres)
'0 (acres)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http'//poital:ncdenr.org/`weh%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
Hensley Subdivision (White Tracts)
DWR #15-0663 v2
401APPROVAL
Page 2 of 4
2. Stormwater Management Plan (SMP) Approval from'Local Community Required
The stormwater management plan (SMP) must be approved by the Town of Holly Springs and
meet the requirements of this Certification. The SMP may not be modified without prior
written authorization from the Town of Holly Springs. [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,Pr.,actices, shall be performed so that no
violations of state water quality standards, statutes,lor rules occur. [15A NCAC 02H .0501
and .0502]
4. Protective.Fencin i
The outside buffer, wetland or water boundary and'
these boundaries approved under this authorization
warning fencing (or similar high visibility material) fc
infringe within the buffer, wetland or water prior to,
compliance with 15 NCAC 02H.0500. [15A NCAC'02
02H :0507 (c)]
5
This approval is for the purpose and design des(
specifications for this project are incorporated k
change your project, you must notify the Divisio
application package with the appropriate fee. I]
given a copy of this approval letter and General
with all conditions. [15A NCAC 02B .0507(d)(2)]
bong the construction corridor within
>hall be clearly marked with orange
jthe areas that have been approved to
ny land disturbing activities to ensure
1 .0506 (b)(2) and (c)'(2) and 15A NCAC
is
Fin your application. The plans and
erence as part of the Certification. If you
you may be required to submit a new
O,roperty.is sold, the new owner, must be
fication and is responsible for complying
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
h.ttp://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).
The petition may be faxed to the OAH at (919)43,1-3100, provided the original and one copy of
the petition along with any applicable OAH filing feeds 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
Hensley Subdivision (White Tracts)
DWR #15-0663 v2
401 APPROVAL
Page 3 of 4
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. Please
contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any
questions or concerns.
S7ie Iy,
Danny Smit
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4139
Hensley Subdivision (White Tracts)
DWR #15-0663 v2
401 APPROVAL
Page 4 of 4
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
Justin Milstein-via,e-fnail.'@'iustin@mitchellenviro'nmental.com