20181199 Ver 1_Approval Letter_20181019

Water Resources
ENVIRONMENTAL QUALITY
October 19, 2018
Chapel Hill Post No 6
American Legion Inca
Attn: Bruce Runberg
P.O. Box 2323 .
Chapel Hill, NC 27515
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
InterinrDirector
DWR #18-1199
Orange County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
American Legion,Post,Facility
Dear Mr. Runberg:
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 28, 2018 with payment received
on September 27, 2018 and additional information received on October 18,.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 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
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
S1: Road Crossing
87 (linear feet)
0 (linear feet)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http:L/portal.ncdenr.org/web/wq/aps
1628 Retail Service Center, Raleigh, NC, 27699-1628 Phone: [phone] -
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]
0

American Legion Post Facility
DWR #18-1199
401 APPROVAL
Page 2 of 4
2. 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.
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]
3. Protective Fencing
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)]
4. 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(d)(2)]
5. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.

Am_ erican Legion Post Facility
DWR #18-1199
401APPROVAL
Page 3of 4
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 5:00p.m, 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
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 If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins
NC DWR"- 401 & Buffer Permitting NC DWR — 401 & Buffer Permitting
Branch"." Branch."
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617, Raleigh, NC 27604
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American Legion Post Facility
DWR #18-1199
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 [e-mail] if you have any
questions or concerns.
Sincgely,
G �Z,;7
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
Karen Hall via e-mail at [e-mail]