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HomeMy WebLinkAbout20180412 Ver 1_Approval Letter_20180511ROY COOPER Governor MICHAEL S. REGAN Secretory LINDA CULPEPPER Interim Director DWR #18-0412 Wake County. Homes by Dickerson Attn: Lea'Ricks 7101 Creedmoor Road, Suite 115 - Raleigh, NC 27612 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, MacTavish Lot 23 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 21, 2018 with payment received .on March 22, 2018. These impacts are covered by the attached Water Quality General Certification Number 4133 and the conditions 'listed below. This certification is associated with the use of Nationwide Permit Number 12 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 hereby approved provided that all of the other specific and general conditions of the.Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B .0233(811 Type of _Impact Amount Approved (units) Permanent Amount.Approved (units) Temporary Stream S1 -Sewer line 0 (linear feet) 5 (linear feet) Buffers — Zone 1 B -1 -Sewer line 0 (squar'e feet) 1,006 -(square feet) Buffers = Zone 2 B1: Sewer line 0 (square feet) 645 (square feet) Division of Water Resources,,'Raleigh Regional OlOffce; Water Quality Operations Section 1628 Mail Service Center, Raleigh, NC 27699-16'28 Location: 3800 Barrett Drive, Raleigb, NC 27609 http:/i portal.nedetir. org%web/wqlaps Phone: (919) 791-4200 Fax: (919) 788-7159 MacTavish Lot 23 DWR #18-0412 401 AND BUFFER APPROVAL Page 2 of 4 2. Stormwater Management Plan (SM.P) Approval from Local Community Required The stormwatermanagement plan (SMP) must be approved by Wake County and meet the requirements of this Certification. The SMP may not be modifiedwithout prior written authorization from the Wake County. [15A NCAC 02H .0506(b)(3)] 3. No Waste, Spoil, Solids, or Fill of Any Kind, No waste, spoil, solids, or fill of any kind shall occur inwetlands, 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 erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes,1or 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 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] This Certification and Buffer Authorization can'be contested as provided in Articles 3 and 4 of General Statute 15013by filing a written'petitioh for an administrative hearing to the Office of I Administrative Hearings;(hereby known as OAH). A petition form may be obtained from the OAH at http://www.nc6ah.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 (Mond ,ay through Friday between 8:00am and 5:00pm, excluding official state holidays). MacTavish Lot 23 DWR #18-0412 401 AND BUFFER 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 DEQ: 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 and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Stephanie Goss at 919-791-4256 or stephanie.ossncdenr.ov if you have any questions or concerns. SiDc ely, o h/) Danny Smit Supervisor, ater Quality Regional Operations Section MacTavish Lot 23 DWR #18-0412 401 AND BUFFER APPROVAL Page 4 of 4 Enclosure: GC 4133 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr., Ste. 105; Wake Forest, NC 27597 Sarah Menser via e-mail at sarah@soilservices.us DWR RRO 401/Riparian Buffer file DWR 401 & Buffer Permitting Unit