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