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