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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