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HomeMy WebLinkAbout20180239 Ver 1_Approval Letter_20180417ROY COOPER Governor MICHAEL S. REGAN Secretory WaterResources LINDA CULPEPPER Interim Director ENVIRONMENTAL QUALITY April 17, 2018 DWR #18=0239 Wake County Bowling Road LLC Attn: Freddie L. Stancil 466 Stancil Road Angier, NC 27501-8342 Subject: APPROVAL'OF.401 WATER QUALITY CERTIFICATION, WITH ADDITIONAL CONDITIONS Ryans Place Subdivision Dear Mr..Stancil: You have our approval for the'impacts listed below for the'purpose described in your application received by the Division of WaterResources (Division) on February 15, 2018, payment was, received on February 22, 2018 with subsequent information on April 9, 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) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations: This approval requires you to follow the conditions listed in the enclosed certification and1he 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 02B .0506(b)(c)] Type of Impact Amount Amount - Approved (units) Approved (units) Permanent -Temporary Wetland W1=Road. Crossing 0.15 (acres) 0 (acres) Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http:/,ipoital.ncdenr.org/weblwgi"aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Ryan's Place Subdivision DWR #18-0239 401 APPROVAL 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 Fuquay Varina and meet the requirements of this Certification. The SMP may not be modified without prior written authorization from the Town,of Fuquay Varina. [15A NCAC 02H..0506(b)(3)] 3. No Waste, Spoil, Solids, or Fill of Any Kind. No waste, spoi[, 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 erosioncontrol 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 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.. 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. GeneralCertification and is responsible for complying with all conditions. [15A NCAC 0213.0507(d)(2)]' 6. This approval and its conditions are final and binding unless contested. JG.S. 143-,2:15.51 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- http://www.ncoah.cbm/ 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). Ryan's Place Subdivision DWR #18-0239 401 APPROVAL Page 3 of 4 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 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. contact Stephanie Goss at 919-791-4256 or stephanie.gossCa if you have any questions or concerns. Sincer�ly, r r Danny Sm'th Supervisor, Water Quality Regional Operations Section Please Ryan's Place Subdivision DWR #18-0239 401 APPROVAL Page 4 of 4 Enclosure: GC 4139 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 Mike Eaker.via e-mail at mike(@southeasternsoil.com