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HomeMy WebLinkAbout20180830 Ver 1_401 and Buffer Approval_20180718Water Resources ENVIRONMENTAL QUALITY July 18, 2018 Lakepoint Village Townhome Association Mr. John Williams 155 Spring Cove Drive Cary, NC 27511 ROY COOPER Gorenmr MICHAEL S. REGAN SecrehuT LINDA CULPEPPER fnleriw Dire-elor DWR # 18-0830 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION AND NEUSE RIPARIAN BUFFER AUTHORIZATION WITH ADDITIONAL CONDITIONS Lakepoint Village Bank Stabilization Dear Mr. Williams: You have our approval for the impacts listed below for the purpose described in your application dated May 11, 2018, received by the Division of Water Resources (Division) on June 16, 2018. These impacts are covered by the Water Quality General Certification Number 4134, attached, the Neuse Riparian Buffer Rules, and the additional conditions listed below. This certification is associated with the use of Nationwide Permit 13 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, the general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all the other specific conditions, the general conditions of the Certification, and the Neuse Riperian Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] and 15A NCAC 02B.0233(8)] Slate of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Lakepoint Village Townhome Association 401 and Buffer Approval DWR Project #201808030 Page 2 of 3 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Rip Rap — Bank Stabilization 45 (linear feet) 0 (linear feet) Buffer—Zone 1 Construction Access for Bank Stabilization 0 (square feet) 80 (square feet) Buffer—Zone 2 Construction Access for Bank Stabilization 0 (square feet) 160 (square feet) 2. All staging, including spoil, stockpile and construction material, shall occur outside of the buffer. [15A NCAC 02B .0233] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification/Buffer Authorization can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. 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. 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:OOam and S:OOpm, 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: lfsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 if sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 Lakepoint Village Townhome Association 401 and Buffer Approval DWR Project #201808030 Page 3 of 3 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 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 Paul Wojoski at Paul.Woioski(@ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Branch Enclosures: GC 4134 cc: John Williams via email (Ipvsecretary(@gmail.com) Cecilia Brown via email (cecibrown4@gmail.com) KF Homeowners Association II, Inc. via email(virginiadavis(@yorkproperties.com) DWR 401 & Buffer Permitting Branch file File name: 180830LakepointVillageBankStabilization(Wake)_401_GC_NRB