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