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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