HomeMy WebLinkAbout20190658 Ver 1_Approval Letter_20190701ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
July 1, 2019
NORTH CAROLINA
Environmental Quality
DWR #19-0658
Wake County
Site Property Development, LLC by JA Management Inc.
Attn: Michael E. Jordan
933 Old Knight Road
Knightdale, NC 27545
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
Chandler Cove
Dear Mr. Jordan:
You have our approval for the impacts listed below for the purpose described in your received
by the Division of Water Resources (Division) on May 16, 2019 and with payment received on
May 20, 2019. These impacts are covered by the attached Water Quality General Certification
Number 4139 and the conditions listed below. This certification is associated withthe use of
Nationwide Permit Number 29 once it is issued to your 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 0213.0506(b)(c) and 15A NCAC 02B
.0233(8)]
Nortfi Carolina Department of. F..iivir-orir .(.-,,tal Quality i !)iYisfarl of t1`at+ar Reseur ees
Raleigh Reoiooal Office ; 3800 Barrett Drive I Raleigh. North Carofiria 27609
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919,791.4200 20(}
Chandler Cove
DWR #19-0658
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
;,W1: Road Crossing -Culvert & Rip Rap Dissipaters
0.079 (acres)
0 (acres)
W2: Road Crossing -Construction Activity
0 (acres)
0.031 (acres)
Stream
S1: Road Crossing
108 (linear feet)
0 (linear feet)
S2: Road Crossing -Rip Rap Dissipater
37 (linear feet)
0 (linear feet)
i S3: Temporary Construction Access
0 (linear feet)
14 (linear feet)
Buffers—Zone 1
131: Road Crossing
7,851 (square feet)
0 (square feet)
B2:; Utility -Sanitary Sewer Connection
760 (square feet)
0 (square feet)
Buffers — Zone 2
131: Road Crossing (Impact #2)
4,419 (square feet)
0 (square feet)
132: Utility -Sanitary Sewer Connection
613 (square feet)
0 (square feet)
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)]
3. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 0213 .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.
Chandler Cove
DWR #19-0658
401 AND BUFFER -APPROVAL
Page 3 of 4
4... 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)]
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. If you change your project, you must notify the Division and you may
be required to submit anew 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].
I
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 fromthe OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919431-3000 for information. mation. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the 0AH 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
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
Chandler Cove
DWR #19-0658
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 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,
Karen Higgins
Supervisor, 401 & Buffer Permitting Branch
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche
Deborah Shirley via e-mail at dshirlev@sandec.com