HomeMy WebLinkAbout20140610 Ver 1_Approval Letter_20180403�e4
Water Resources
ENVIRONMENTAL QUALITY
April 3, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA .CU'LPEPPER
" Interim Director
DWRI#14-0610 v3
Wake County
MBA Land Group, LLC
Attn: Andrew Sandman
7101 Creedmoor Road
Suite 122
Raleigh, NC 27613
Subject: APPROVAL' OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES:(15A.NCAC 02B.0233) WITH ADDITIONAL CONDITIONS'
Stonewater-Phase 5
Dear Mr. Sandman:
You have our approval.for the impacts listed below for the purpose described in your
application dated on February�16, 2018 and received by'the Division of Water Resources
(Division) on February 16, 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 issued to you by the U.S.
Army. Corps of Engineers. Please not6that you,should get any other federal,,state or local
permits before proceedingwith .your project; including those required by (but not limited to)
Sediment and Erosion -Control, Non7Discharge, 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.ofthe Certification and Buffer Rules are met,. No other impacts are
approved, including incidental1impacts. [15A NCAC 02B'.0506(b)(c) and,15A NCAC 02B
:0233(8)]
Division of Water Resources, RaleighRegional Mee, Water Quality Operations Section http:/,poi-tal.ncdenr:org/webhvglaps
1625 Mail'Service Center, Raleigh, NC 27699'1628 Phone: (919) 791-4200
Location: 3500 Barrett Drive, Raleigh;'' NC'�27609 Fax: (919) 755-7159`
r
2.
Stonewater-Phase 5
DWR #14-0610 v3
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1 -Road Crossing
0.027 (acres)
0 -(acres)
Stream
,Sl -Road Crossing
108 (linear feet)
0_(Iinear feet)
Buffers —.Zone 1,
B1 -Road Crossing
8,760 (square feet)
0 (square feet)
Buffers — Zone 2
B1 -Road Crossing
5,905 (square feet)
0 (square feet)
Stormwater Management Plan (SMP) Apprc
The stormwater management plan (SMP) m
meet the requirements of this Certification.
written authorization from the Town of Rolesvil
,all from Local Commun
3. No Waste. Spoil. Solids. or Fill of-Anv Kind
No waste, spoil, solids, or fill of any kind shal
beyond the footprint of the impacts depicter
construction activities, including.the design,
sediment and erosion control Best Managerr
violations of state water quality standards, sl
and .0502] -
be approved by the Town of Rolesville and
SMP may not be modified without prior
le. [15A NCAC 02H .0506(b)(3)]
;cur in wetlands, waters, or riparian areas
'the Pre -Construction Notification. All
tallation, operation, and maintenance of
t Practices, shall be performed so that no
ites, or rules occur. [15A NCAC 02H .0501
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. [15A NCAC 02B .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
Stonewater-Phase'5
DWR #14-0610 v3
401 AND BUFFER APPROVAL
Page 3 of 4
This Certification and Buffer Authorization 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 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).
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 H,iggins .
'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
Stonewater-Phase 5
DWR #14-0610 v3
401 AND BUFFER APPROVAL
Page 4 of 4
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
Goss at 919-791-4256
Sin rely
Danny Smith,
15A NCAC 02B .0233. Please contact Stephanie
if you have any questions or concerns.
Supervisor, Water Quality Regional Operations Section
Enclosure: 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
Jeff Harbour via e-mail at jharbouresinc.cc