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HomeMy WebLinkAbout20180851 Ver 1_Approval Letter_20180727NORTH CAROLINA ROY COOPER Environmental Quality Goverrrcr MICHAEL S. REGAN Sea-etary LINDA CULPEPPER Interim Director July 27, 2018 Hopper Communities ATTN: Bill Harrell 173 Paraggi Court Clayton, NC 27527 DWR # 18-0851 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION AND AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 026.0233) WITH ADDITIONAL CONDITIONS The Village at Lake Wheeler Dear Mr. Harrell: You have our approval for the impacts listed below for the purpose described in your application dated June 18, 2018, and payment received by the Division of Water Resources (Division) June 24, 2018. These impacts are covered by the attached Water Quality General Certification Number 4139 and the Neuse River Basin Riparian Buffer Rules and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 29 once it has been 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(s) or general permit and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts: D Q� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 The Village at Lake Wheeler 401 Certification and Neuse Buffer Authorization DWR Project #20180851 Page 2 of 3 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1—Temporary Culvert 0 (linear feet) 5 (linear feet) S2 — Permanent Culvert 5 (linear feet) 0 (linear feet) Wetland W1— Fill for Residential Lot 0.07 (acres) 0.00 (acres) W2 — Grading for Pond Outfall 0.00 (acres) 0.01 (acres) Buffers—Zone 1 B2 — Roadway 206 (square feet) 0 (square feet) B3 — Roadway 489 (square feet) 0 (square feet) B5 — Roadway 18 (square feet) 0 (square feet) B6 — Roadway 35 (square feet) 0 (square feet) Buffers —Zone 2 B1— Roadway 169(square feet) 0 (square feet) B4—Roadway 780 (square feet) 0 (square feet) 2. Buffer Replantine Restoration and replanting of trees/shrubs/forest vegetation within the temporarily disturbed buffer areas must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 260 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H.0506 (b)(3)] 3. Protective Fencin¢ 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)] 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. 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(s)/Permit/Authorization and is responsible for complying with all conditions. [35A NCAC 02H .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] The Village at Lake Wheeler 401 Certification and Neuse Buffer Authorization DWR Project #20180851 Page 3 of 3 This Certification 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 htto://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 8:00am 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: lfsending via US Postal Service: lfsending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 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 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse River Basin Riparian Buffer Rules. Please contact Paul Wojoski at 919-707-3631 or Paul.Woioski@ncdenr.aov or if you have any questions or concerns. Enclosures: GC 4139 cc: Sean Clark, Sage Ecological (via email) DWR 401 & Buffer Permitting Branch file Sincerely, �Wjrn (�k Karen Higgins, Supervisor 401 & Buffer Permitting Branch File Name: 180851TheVillageAtLakeWheeler(Wake)_401_NRB