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