Loading...
HomeMy WebLinkAbout20180329 Ver 1_Approval Letter_20180503S ;a Water Resources ENVIRONMENTAL (QUALITY May 3, 2018 Leslie Collins 630 T'urnage,Road Smithfield, NC 27577 ROY COOPER Governor MICHAEL S. REGAN, Secretory LINDA CULPEPPER Interim Director DWR #18-0329 Johnston County Subject:. APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Collins Property To Whom It May Concern: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on March 7, 2018 with payment received on March 8, 2018 with additional information received on April;22, 2018. These impacts are covered by the attached Water Quality General Certification Number 4139 and the conditions listed below. This certification is asso;ciated;with,the use of Nationwide Permit Number 39 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 herebyl`approved provided that all of the other specific and general conditions of the Certification arel met. No other impacts are approved,''including incidental impacts. [15A NCAC 02B Type of Impact Amount Amount Approved (units) Approved (units) Permanent Temporary Wetland W1-Fil1 0.088 (acres) 0 (acres) Division of Water Resources, Raleigh Regional Office, Wat'Quality Operations Section 1628 Mail Service Center, Raleigh, NC 2 7 699-1 628 Location: 3800 Barrett Drive, Raleigh, NC 27609 http://I)ortal.iicdenr.org/wcb/wq/aps Phone: (919) 791-4200 . Fax: (919) 788-7159 Collins Property DWR #18-0329 401'APPROVAL Page 2 of 4- 2. "Diffuse Flow All stormwater must be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not're-concentrate before discharging into a stream. [15A NCAC 02H .0506(b)(5)] 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 riparian areas beyond the footprint ofthe impacts depicted in the Pre-Constructiorr.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 NCA002H..0501 and .0502] 4. Protective Fencing The outside buffer, wetland or water boundary and along the construction corr"ido'r 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 forthe 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 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] 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.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 8:0Wm and 5,:00pm, excludingofficial 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 Collins Property DWR #18-0329 401APPROVAL Page 3 of 4 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. Please contact Stephanie Goss at 919-791-4256 or step hanie.gossoncdenr.7gv if you have any questions or concerns. Sincerely, r� Danny Smith Supervisor, Water Quality Regional Operations Section Collins Property DWR #18-0329 401APPROVAL 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 Wyatt Brown via e-mail at brownenvgrp@gmaiI.com