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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,