HomeMy WebLinkAbout20171222 Ver 1_Approval Letter_20171228Water Resources
ENVIRONMENTAL QUALITY
December 28, 2017
Town of Wake Forest
Attn: Holly Miller, P.E., Assistant Town Engineer
301 S. Brooks Street
Wake Forest, NC 27587
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR•# 17-1222
Wake County
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
Richland Creek Greenway Stream Repair -Wake Forest
Dear Ms. Miller:
You have our approval for the impacts listed below for the purpose, described in your
application dated September 15, 2017 and received by the Division of Water Resources
(Division) on September 27, 2017 with additional information received on December 27, 2017.
These impacts are covered by the attached Water Quality General Certification Number 4134
and the conditions listed below. This certification is associated with the use of Nationwide
Permit Number 13 once it is issued to you bythe 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) and 15A NCAC 02B
.0233(8)1
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1-Streambank stabilization
149 (linear feet)
0 (linear feet)
Buffers -Zone 1
131-Streambank stabilization
0 (square feet)
2853 (square feet)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http:Hportal.nedenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
Richland Creek Greenway Stream Repair -Wake Forest
DWR #17-1222
401 AND BUFFER APPROVAL
Page 2 of.4
2. No Waste, Spoil, Solids, or Fill of Any 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. [15A NCAC 02H .0501
and .0502]
3. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this•aufHodzation shall be clearly marked with orange
warning fencin g.(or'similar high visibility,material)fgr the areas that have been approved to
infringe within the buffer, wetland or water'prior to any land disturbing activities to ensure
II.
compliance with. 15 NCAC 02H .0500. [15A!NCAC 02H .0506 (b)(2) and.(c)(2) and 15A NCAC
02H .0507 (c)]`
4. This approval is for the purpose and desigr
specifications for this project are incorporz
Buffer Authorization. If you change your p
'be required to submit a new application p
sold, the new owner must be given a co
pyi
and is responsible for complying with all 6
5. This approval and its conditions are final air
This Certification and Buffer Authorization can''
General Statute 150B by filing a written petitio
Administrative Hearings (hereby known as OAiF
OAH at http://www.ncoah.com/ or by calling tl
.information.
lescribed in your application. The plans and
?d by reference as part of the Certification and
ject, you must notify the Division and you may
<age with the appropriate fee._ If the property is,
this approval letter and. General Certification
d,itions. '[15A NCAC 02B .0507(d)(2)]
.b'indikgunless contested. [G.S. 143-215.51
!Jf:•�
e contested as provided in Articles 3 and 4 of
fo`r an'!administrative hearing to the Office of
petition form may be obtained from the
O R:t erk's Office at (919) 431-3000 for
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 OA4 during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excludinglofficial-state holidays).
The petition may be faxed to the OAH at (916),4314100, -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
Richland Creek Greenway Stream Repair -Wake Forest
DWR #17-1222
401 AND BUFFER APPROVAL
Page 3 of 4
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
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 River Riparian Buffer Protection 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.
Sincerel ,
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4134
Richland Creek Greenway Stream Repair -Wake Forest
DWR-#17-1222
401 AND BUFFER APPROVAL
Page 4 of 4
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 Laser -fiche .
Jason Doll via e-mail at !doll@moffattriichol.com
John Dorney via e-mail,at idornev@moffattnichol.com