The URL can be used to link to this page

Home My WebLink About20181506 Ver 1_Approval Letter_20181219ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER interim Director December 19, 2018 Quality Oil Company, LLC Attn: Rodney Cheek 1540 Silas Creek Parkway Winston Salem, NC 27102 NORTH CAROLINA Environmental Quality DWR #18-1506 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Hampton Inn & Suites -Emergency Stabilization Dear Mr. Cheek: 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 November 5, 2018 with payment received on November 7, 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: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] and15A NCAC 02B .0233(8)] North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 11.628 Mail Service Center I Raleigh, North Carolina 27699-1628 01a 701 AOnn Hampton Inn & Suites -Emergency Stabilization DWR #18-1506 BUFFER & 401 APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1: Pipe & Rip rap 409 (linear feet) 0 (linear feet) Buffers - Zone 1 131: Piping of stream 20,750 (square feet) 0 (square feet) Buffers - Zone 2 B1: Piping of stream 7,600 (square feet) 0 (square feet) 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] 4. Protective Fencinp, 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)] -, 7mn z Lilt, 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 ala 707 annn Hampton Inn & Suites -Emergency Stabilization DWR #18-1506 '-BUFFER & 401 APPROVAL - Page 3 of 4 5. 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. 1f 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 0213 .0507(d.)(2)] This approval and its -conditions are final and binding unless contested. [G.S. 143-215.51 This Certification and Buffer Authorization can be contested as provided in General Statute 1506 by filing a written petition for an administrative' hearing to the Office ofAdministrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.c6m/'6r 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: If sending by First Class Mail If sending via delivery service via the. US Postal Service: (e.g. 'UPS, FedEx): 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,Co�unsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 W,MEQWWI'l North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617,INail Service Center I Raleigh, North Carolina 27699-1617 ala 7r7 01)00 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 Hampton Inn & Suites -Emergency Stabilization DWR #18-1506 BUFFER & 401 APPROVAL Page 4 of 4 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 Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Stephanie Goss at 919-791-4256 or stephanie.goss(@ncdenr.gov if you have any questions or concerns. Sincerely, I I pc,, Rick Bolich, LG Assistant 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 Troy Beasley via e-mail at tbeasley@withersravenel.com 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 010 7n7 onnn