HomeMy WebLinkAbout20180905 Ver 2_Approval Letter_20181008Water Resources
ENVIRONMENTAL QUALITY
October 8, 2018
Epic Games, Inc.
Attn: John T. Farnsworth
620 Crossroads Blvd.
Cary, NC 27518
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR #15-0905 v2
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Epic Games Expansion
Dear Mr. Farnsworth:
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 21, 2018 with payment received
on August 22, 2018. These impacts are covered by the attached Water Quality General
Certification Number 4139 and the conditions listed below. This certification is associated with
the use of Nationwide Permit Number 39 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 401 Water
Quality Certification for DWR 15-0905 v2 replaces the 401 Water Quality Certification for 15-
0905 v1 dated September 21, 2015.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. 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. [15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Wetland
W1 -Fill
0.217 (acres)
0 (acres)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/ops
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-0200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
Epic Games Expansion
DWR #15-0905 v2
401 APPROVAL
Page 2 of 4
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the Town of Cary and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the Town of Cary. [15A NCAC 02H .0506(b)(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 provided 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, 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]
5. 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)]
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. 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 and is responsible for complying
with all conditions. [15A NCAC 02B .0507(4)(2)]
7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
Epic Games Expansion
DWR #15-0905 v2
4401APPROVAL
Page 3 of 4
This Certification 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.n-coah.com/ or by calling the OAH Clerk's Office at (919) 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 in the OAH during normal office hours (Monday through Friday. between
8:00am and 5:000m, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the,originat a, nd 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 DWR-401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
,;N(DWR-401 & Buffer Permitting
Branch
;512 N. Salisbury Street
Raleigh, NC 27604
Epic Games Expansion
DWR #15-0905 Q
401 APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Stephanie Goss at 919-791-4256 or stehanie.goss@ncdenr.Eov if you have any
questions or concerns.
i
Sincerely,
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 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Kevin Martin via e-mail at kmartin@sandec.co