20181141 Ver 1_Approval Letter_20181003

ROY COOPER
Governor
Y
MICHAEL S. REGAN
Secretary
Water Resources
ENVIRONMENTAL QUALITY LINDA CULPEPPER
Interim Director
October 3, 2018
DWR #18-1141
Franklin County
Wayne R. Bailey & lulianna 0. Wright
10931 Strickland Road
Raleigh, NC 27615
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 026 .0259) WITH ADDITIONAL CONDITIONS
Woodland Park
Dear Mr. Bailey and Ms. Wright:
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 August 14, 2018 with
payment received on August 15, 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:
The following impacts are hereby approved 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://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Woodland Park
DWR #18-1141
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1 -Fill
0.0264 (acres)
0 (acres)
Stream
S1 -Road Crossing -Culvert
53 (linear feet)
0 (linear feet)
S2 -Stabilization
61 (linear feet)
0 (linear feet)
Buffers — Zone 1
B1 -Road Crossing
7,041 (square feet)
0 (square feet)
Buffers— Zone 2
131 -Road Crossing
4,204 (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 SMP may not be modified without prior written
authorization from the Franklin County. [15A NCAC 02H' .0506(b)(3)]
3. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but not,limited to sediment impacts, and any violation of state regulated riparian buffer
rules'[15A NCAC 02B .0200]. Information' shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be,p,rovided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall
contain,;a:description, of the noncompliance, and its causes; the period of noncompliance,
including;exact-dates and times, if the noncompliance has not been corrected, the
anticipated'time compliance is expected to',continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written'submission requirement on a case-by-case basis.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No Waste, spoil, solids,'orfill 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]

Woodland Park
DWR 418-1141
401 AND BUFFER APPROVAL
Page 3 of 4
5. Protective Fend
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 l5 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (01.
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 package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this approval letter arid General Certification
and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502]
6. 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 1508 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 htto://wWw.6coah.com/ or by calling the OAH' Clerk's Office at [phone] 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 (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], 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

Woodland Park
DWR #18-1141
401 AND BUFFER APPROVAL
Page 4 of 4
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 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 Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact
Stephanie Goss at 919-791-4256 or [e-mail] if you have any questions or
concerns.
Sincere y,
G
Danny Smith
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
Kevin Martin via e-mail at kmartinPsandec.com