HomeMy WebLinkAbout20171631 Ver 1_Approval Letter_20180315ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Kii
LINDA CU'LPEPPER
Water Resources Interim Director
ENVIRONMENTAL QUALITY
March 15, 2018
DWR #17=1631
Granville County
Connie Elliot
1530 Beaver Dam Road
Creed moor, NC 27522
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION'CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
'PROTECTION RULES (15N NCAC 026 .0233) WITH ADDITIONAL CONDITIONS
Applewood Townhomes
Dear Ms. Elliot:
You have our approval for the impacts..listed below for:the purpose described in your
application dated January 4, 2018•and received by the Division of Water'Resourdns (Division) on
December 19, 2017 with additional information received on February 16,.2018 and March 7,
2018. These impacts are covered by the attached Water_ Quality General Certification Number
4133 and'4139 and the conditions listed below. This certification is associated with the use,lof
Nationwide Permit Number, 12 and 18 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://poi-tal.ncdenr.org/web/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
Applewood Townhomes
DWR #17-1631
401 AND BUFFER APPROVAL
Page'2 of 4
Type of Impact.
Amount Approved
(units)
Permanent
Amount
Approved (units)
Temporary
Wetland
W1 -Fill
0.09 (acres)
0 (acres)
W2 -Temp. sediment and erosion control measures
0 (acres)
0.007 (acres)
W3 -Tempa sediment and erosion control measures
0 (acres)
0.003 (acres)
W4 -Temp. sediment and erosion control measures
0 (acres)
0.004 (acres)
W5 -Temp. sediment and erosion control measures
0 (acres)
0.002 (acres)
W6 -Fill
0.001 (acres)
0 (acres)
W7 -Temp. sediment and erosion control measures
0 (acres)
0.003 (acres)
W8 -Fill
0.002 (acres)
0 (acres)
W9 -Temp. sediment and erosion control measures
0 (acres)
0.007 (acres)
W10 -Temp. sediment and erosion control measures'
0 (acres)
0.002 (acres)
W11-Fill0.00005
(acres)
0 (acres)
Stream
S1 -Fill -Easement
21 (linear feet)
0 (linear feet)
S2-Fill-Sidesiope -
25 (linear feet)
0 (linear feet)
S3 -Open Cut -Utilities
0 (linear feet)
23 (linear feet)
Buffers -Zone 1
B1 -Sewer Easement
.1671 (square.feet)
0 (square feet)
Buffers -Zone 2
B1 -Sewer Easement
418 (square feet)
0 (square feet)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the Town of Butner and
meet the requirements of this Certification.. The SMP may not be modified without prior
written authorization from the Town of Butner. [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 riparianareas
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 a'uthorization'shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
Applewood Townhomes
DWR #17-1631
401 AND BUFFER APPROVAL
Page 3 of 4
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 isfor 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,respo'nsible!for,complying with all conditions. [15A NCAC 02B .0507(d.)1(2)]
6.' 'Thi's approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Ce'rfif,ication and''B'uffer Authorization can be contested as provided in Articles 3 and 4 of
Gerie;ral 'Statute 150Biby filing a written petition.for an administrative hearing to the Office of
Adrii`nistrative',Hearkgs (hereby known as OAH). A petition form may be obtained from the
OAHat http://www!ncoah.com/'or by calling the OAH Clerks Office at (919) 431-3000 for
infor'matio'n
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A pe'titio`n, 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;thro.ugh"-.',
Friday between'8:00a'm and 5:00pm, 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 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 N;ew Hope Church Road
Ral,eigh'; N.C,21609-6285
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
Applewood Townhomes
DWR #17-1631
401 AND BUFFER APPROVAL
Page 4 of 4
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.gbss@ncdenr.gov if you have any questions or concerns.
Sincerely,
Danny Smith,
Superyisor,Water Quality Regional Operations Section
Enclosure: GC 4133
GC 4139
cc: U.S.'Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Riparian Buffer file
DWR 401 &.Buffer Permitting Unit. via Laserfiche
Heather Smith via e-mail at hsmith@ecologicaleng.com
Bill Wynn via e-mail at bill@wynnhomes.com,