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HomeMy WebLinkAbout20130030 Ver 2_Approval Letter_201308274 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary August 27, 2013 DWR # 13- 0030v2 Wake County Len Bradley Parks & Recreation Department 128 South Main Street Holly Springs, NC 27540 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 026 .0233) WITH ADDITIONAL CONDITIONS Bass Lake Outfall Greenway Dear Mr. Bradley: This 401 Water Quality Certification (WQC) and Authorization Certificate per the Neuse Riparian Buffer Rules dated August 27, 2013 replaces the WQC and Authorization Certificate dated March 18, 2013. In this replacement WQC and Authorization Certificate, the riparian buffer impacts have been revised to reflect the addition of the Somerset Farms Connector to the original submittal. The other changes to this WQC and Authorization Certificate are related to updated formatting and updated standard additional conditions. You have our approval for the impacts listed below for the purpose described in your application dated January 10, 2013 and received by the Division of Water Resources (Division) on January 11, 2013 with additional information received on February 21, 2013 and August 8, 2013. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 18 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, General Permit and /or Buffer Rules are met. No other impacts are approved, including incidental impacts. Nose Carolina JVatmrally North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 Internet: www ncwaterguality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 An Equal Opportunity/Affirmative Action Employer- 50% Recycled /10% Post Consumer Paper Bass Lake Outfall Greenway DWR# 13 -003M 401 and BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland 0.011 (acres) 0.009 (acres) Stream 0 (linear feet) 72 (linear feet) Buffers — Zone 1 4,168 (square feet) 6,586 (square feet) Buffers — Zone 2 7,952 (square feet) 5,175 (square feet) 2. Diffuse Flow All new stormwater conveyances constructed to drain the greenway must discharge to existing swales in a manner that does not result in erosion to the receiving swales or stream. The portions of the greenway that are not drained by stormwater conveyances shall allow runoff to sheet flow into adjacent riparian buffers. No additional stormwater will be collected or concentrated by the proposed project. If this is not possible, then it may be necessary to provide an engineered level spreader or stormwater practice to remove nitrogen prior to discharge. If deemed necessary, these practices will require additional approval from the Division. 3. No Waste, Spoil, Solids, or Fill of Anv 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. 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. 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. 6. This approval and its conditions are final and binding unless contested. This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings Bass Lake Outfall Greenway DWR# 13- 0030v2 401 and BUFFER APPROVAL Page 3 of 4 (hereby known as OAH). 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. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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 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 DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 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 DENR -DWR — Webscape Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR -DWR — Webscape Unit 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 Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.Rov if you have any questions or concerns. Bass Lake Outfall Greenway DWR# 13 -003M 401 and BUFFER APPROVAL Page 4 of 4 Din rely, 4Jater m Y Danny S, Supervisor Surface Protection — Raleigh Regional Office Enclosures: GC 3890 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 Chad Evenhouse, Kimley -Horn and Associates; P.O. Box 33068; Raleigh, NC 27636 -3068 DWR RRO 401 files