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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