HomeMy WebLinkAbout20190374 Ver 1_Approval Letter_20190515 °
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ROY COOPER Governor � ' •
MICHAEL S.REGAN ti
Secretary •
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LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
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May 15, 2019
DWR#19-0374
Wake County
Larue Powell Pate & Lisa Powell
7009 Rouse Road
Holly Springs, NC 27540
Christine M. Powell
1804 Phelps West Road
Fuquay-Varina, NC 27526
I
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
Briar Gate Subdivision
To Whom It May Concern:
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 March 22, 2019 with
payment receivedon March 27, 2019. These impacts are,covered by the attached Water
Quality General,Certification Number 4139 and the con`diti;ons listed below. This certification is'
associated with the use of Nationwide Permit Number 18 fand 29 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 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
Raleigii Regional Office I, MOO&I(rett Drive I Raleigh,Nor tit Cal olirta 27609
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Briar Gate Subdivision
DWR#19-0374
401 AND BUFFER APPROVAL
Page 2 of 6
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Wetland
W1-2A: Utility Crossing 0.019 (acres) 0 (acres)
W1-2B: Utility-Construction Corridor 0 (acres) 0.010 (acres)
W1-3A: SCM Fill 0.065 (acres) 0 (acres)
W1-3B: SCM-Construction Corridor 0 (acres) 0.008 (acres)
W1-4A: SCM Fill 0.008 (acres) 0 (acres)
W1-4B: SCM-Construction Corridor 0 (acres) 0.006 (acres)
W2-7A: Utility Crossing 0.057 (acres) 0 (acres)
W2-7B: Utility-Construction Corridor 0 (acres) 0.040 (acres)
W3-9A: Utility Crossing 0.028 (acres) 0 (acres)
W3-9B: Utility-Construction Corridor 0 (acres) 0.017 (acres)
W4-12A: Utility Crossing 0.007 (acres) 0 (acres)
W4-12B: Utility-Construction Corridor 0 (acres) 0.006 (acres)
W5-14A: Utility Crossing 0.001 (acres) 0 (acres)
W5-14B: Utility-Construction Corridor 0 (acres) 0.004 (acres)
W5-15A: Utility Crossing 0.178 (acres) 0 (acres)
W5-15B: Utility-Construction Corridor 0 (acres) 0.126 (acres)
W5-16A: Utility Crossing 0.020 (acres) 0 (acres)
W5-16B: Utility-Construction Corridor 0 (acres) 0.019 (acres)
W5-17A: Utility Crossing 0.056 (acres) 0 (acres)
W5-17B: Utility-Construction Corridor 0 (acres) 0.036 (acres)
Stream
S1: Utility Crossing (H-18) 0 (linear feet) 45 (linear feet)
Buffers-Zone 1
BZ1-5: Utility 2,655 (square feet) 0 (square feet)
BZ1-8: Utility 30 (square feet) 0 (square feet)
BZ1-16A: Utility 2,326 (square feet) 0 (square feet)
BZ1-16B: Utility 258 (square feet) 0 (square feet)
BZ1-17A: Utility 2,641 (square feet) 0 (square feet)
Buffers-Zone 2*
BZ2-5: Utility 2,685 (square feet) 0 (square feet)
BZ2-6: Utility 718 (square feet) 0 (square feet)
BZ2-8: Utility 1,385 (square feet) 0 (square feet)
BZ2-10: Utility 1,546 (square feet) 0 (square feet)
BZ2-11: Utility 2,415 (square feet) 0 (square feet)
BZ2-13: Utility 734 (square feet) 0 (square feet)
Briar Gate Subdivision
DWR#19-0374
•
401 AND BUFFER APPROVAL
Page 3 of 6
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
BZ2-15: Utility 3,623 (square feet) 0'(square feet)
BZ2-16A: Utility 6,424 (square feet) 0 (square feet)
BZ2-17B: Utility 977 (square feet) 0 (square feet)
*Buffer impact1BZ2-1 listed on the application as grading 2,348 square feet in Zone 2 is
considered exempt and does not require written authorization from the Division provided that
diffuse flow and the health of existing vegetation in Zone 1 is not compromised and disturbed
areas are stabilized.
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the Town of Fuquay-Varina
and meet the requirements of this Certification: The SMP may not be modified without
prior written authorization from the Town of Fuquay-Varina. [15A NCAC 02H .0506(b)(3)]
3. Compensatory Mitigation Using a Private Mitigation Bank - -
Mitigation must be provided for the proposed impacts as specified in the table below.The
Division has received a Statement of Availability letter from EBX-Neuse I, LLC Neuse Riparian
Buffer Umbrella Mitigation Bank (EBX-Neuse I), RES Neuse Buffer and Nutrient Offset
Umbrella Mitigation Bank (RES) or EBX Upper Neuse Riparian Buffer Umbrella Mitigation
Bank (EBX)to meet this mitigation requirement. The specific bank site to be debited will be
Arrington Bridge I, Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Ezell, Polecat, Hannah
- Bridge, Meadow Spring, and Stone Creek all located in HUC 03020201. Until the EBX-Neuse
I, RES or EBX receives and clears your payment, and proof of payment has been provided to
this Office, no impacts specified in this Authorization Certificate shall occur. For accounting
purposes,this Authorization Certificate authorizes payment to EBX-Neuse I, RES, or EBX to
meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Bank Sponsor River&Sub-basin
Mitigation Required Number
Buffer-Zone 1 12,831 (square feet) EBX-Neuse I, RES, 03020201-Not in Falls
or EBX Lake Watershed
Briar Gate Subdivision
DWR#19-0374
401 AND BUFFER APPROVAL
Page 4 of 6
4. 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.
5. 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)]
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 and General Certification
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization 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 http://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).
Briar Gate Subdivision
DWR#19-0374
401 AND BUFFER APPROVAL
Page 5 of 6
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 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
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,
•
l'bi- j\(
Karen Higgins
Supervisor, 401 & Buffer Permitting Branch
Briar Gate suoaivision
DWR#19-0374
401 AND BUFFER APPROVAL
Page 6 of 6
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
Deborah Shirley via e-mail at dshirley@sandec.com
Bruce Herbert via e-mail at bruce.herbert@mattamycorp.com.