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HomeMy WebLinkAbout20150995 Ver 3_Approval Letter_20200720DocuSign Envelope ID: 4C28FCDF-B3A2-46FF-8E82-76324AF5E96B ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROL I N A amtronmeltral Quality July 20, 2020 Wake County DWR Project No. 20150995 ver 3 Park Depot Greenway TIP No. U-5530GA MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Tracy Stephenson, P.E. Town of Fuquay-Varina 401 Old Honeycutt Road Fuquay-Varina, NC 27526 Dear Mr. Stephenson: You have our approval, in accordance with the conditions listed below, for the following additional impacts for the purpose of building the Park Depot Greenway in Wake County: Additional Neuse Riparian Buffer Impacts Site Zone 1 Impact (sq ft) Zone 1 Buffer Mitigation Required(using 3:1 ratio Zone 2 Impact (sq ft) Zone 2 Buffer Mitigation Required(using 1.5:1 ratio 3 0 N/A 500 N/A * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Additiona Buffer Impact for Project: 500 square feet. The project shall be constructed in accordance with application received April 5, 2019 and your modification request received July 17, 2020 After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4139. This certification corresponds to the Nationwide Permit 18 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.0233). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 213.0233. For this approval to remain valid, you must adhere to the conditions listed in the General Certification and any additional conditions listed below. 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 919.707.9000 DocuSign Envelope ID: 4C28FCDF-B3A2-46FF-8E82-76324AF5E96B Conditions of Certification: 1. All conditions in the Water Quaity Certification dated April 9, 2019 for this project still apply. If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Rob Ridings at rob.ridings@ncdenr.gov. Sincerely, DocuSigned by: Q*4PW ,(Q > 1SPRA5. Director Division of Water Resources Electronic copy only distribution: Jason Hartshorn, PWS, Kimley-Horn File Copy 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 919.707.9000