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HomeMy WebLinkAbout20060466 Ver 5_Approval Letter_20180511Water Resources ENVIRONMENTAL QUALITY May 11, 2018 Whispering Pines of Franklin County: Attn: Peter -Morgan 470 Mast Road Goffstown, NH 03045 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director D W R #06-0466 v5 " Franklin County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15'A NCAC 02B `.0259) -WITH ADDITIONAL CONDITIONS Whispering Pines Subdivision Dear Mr. Morgan: You have our approval for the impacts listed below for the purpose described in your received by the Division of Water Resources (Division)'on March 23, 2017 with additional information• received on March 27,2018. The impacts'are covered by the attached General Water Quality, 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 (USACE). 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 appr6vedr provided that all of the other specific and general conditions of the Certification,, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section . ° http:/,tportal.ncdenr.org/web/wqlaps 1628 Mail Service Center,. Raleigh, INC 27699-1628 Phone: •(919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Whispering Pines Subdivision DWR #06-0466 v5 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland W17Sanitary Sewer/Easement (1A) 0.007 (acres) 0 (acres) W2 -Sanitary Sewer/Easement (113) 0.051 (acres) 0 (acres) W3 -Sanitary Sewer/Easement (2A) 0.019 (acres) 0 (acres) W4 -Sanitary Sewer/Easement (2B) 0.014 (acres) 0 (acres) W5 -Sanitary Sewer/Easement (3A) 0.034 (acres) 0 (acres) W6-Sanitary,Sewer/Easement.(3B) 0.031 (acres) . 0 (acres) Buffers-` Zone,1 b'1 -Sanitary Sewer/Easement 950 (square feet) 0 (square feet) buffers =Zone 2 131-"5anitary Sewer/Easement 2,521 (square feet) 0 (square feet) 2. Stormwater Management Plan (SMP) Approval from Local Community Required The stormwater management plan .(SMP) must be approved by Franklin County and meet the requirements of this Certification. The,SIVIR may not be modified without prior written authorization from Franklin 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,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 erosion control 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 Fenci 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)] 6. 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'', 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 02H .0501 and .0502] Whispering Pines Subdivision DWR #06-0466 v5 401 AND BUFFER APPROVAL Page 3 of 4. This approval and its conditions are final and binding unless contested. This Certification and Buffer Authorization 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 (9"19) 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 ih the OAH during normal office hours' (Monday through Friday between 8:00am and 5:00pm,, excluding official 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 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-.,D,WR.-.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 Whispering Pines Subdivision DWR #06-0466 v5 401 AND BUFFER APPROVAL Page 4 of 4 This letter completes the review of the Division under section 401 of the Clean Water Act and the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or concerns. S' cerel , Danny Smit Supervisor, Water Quality Regional Operations Section 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 files DWR RRO 401 & Buffer file via Laserfiche Sean Clark via e-mail at sclarki"@sal-eecolopical.com