HomeMy WebLinkAbout20190927 Ver 1_Approval Letter_20190816ROY COOPER,
Govetwor
MICHAEL S. REGAN
secretary
LINDA CULPEPPER
Director
August 16, 2019
Dan Ryan .Builders NC; LLC
Attn: Robert Shank
3000 RDU Center Drive
Morrisville, NC 27560.
NORTH CAROLINA
Environmental Quality
tWR #19-0927
Franklin County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE'TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15ANCAC 02B.0259) WITH ADDITIONAL CONDITIONS
Ashberry Phasq.2
Dear Mr. Shank:
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 July 10, 2018 with
payment'receiyed on June 15, 2018. The impacts are covered,b.y the attached General Water
Quality Certification Number 4139 and the conditions listed below. This certification is
associated with the use,of Nationwide'Permit Number 29 once it is issued to you by the U.S.
Army Corps of Engineers (USACE). 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, General Permit and/or Buffer Rules are met. No
other impacts are'approved, including incidental impacts.
-- Norlh Carolina De.partmertt of'ElMY-091i C11tal Quality Division of i'4'ater Resources
Raleigh Regional effice ; 3800 6arwtt Drive. ( itraleigh, Not th Caro(ina 2.7609
a,•, t Us i <<rc, h x "'
()19.71)1.4-200
Ashberry Phase 2
DWR #19-0927
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Culvert
0.01 (acres)
0 (acres)
Stream
S1: Road Crossing -Culvert
65 (linear feet)
0 (linear feet)
S2: Road Crossing -Rip Rap
31 (linear feet)
0 (linear feet)
Buffers — Zone 2
131: Rip Rap
54 (square feet)
0 (square feet)
2. Stormwater Management Plan (SMP) Approval from the NC Division of EnerRv, Mineral and
Land Resources
The stormwater management plan (SMP) must be approved by the Division of Energy,
Mineral and Land Resources and meet the requirements of this Certification. The SMP may
not be modified without prior written authorization from the Division of Energy, Mineral
and Land Resources. [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 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. 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)]
Ashberry. Phase 2
DWR #19-0927
401 AND BUFFER 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. 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'
1506 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 ih;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.
Friday between 8:00am and 5:00pm, excluding official state holidays).
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
Ashberry Phase 2
DWR #19-0927
401 AND BUFFER 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 Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact
Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or
concerns.
Since el ,
R Bolich, L.G.
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 files
DWR RRO 401 & Buffer file via Laserfiche
Kevin Martin via e-mail at kmartin@sandec.com