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HomeMy WebLinkAbout20170766 Ver 2_Approval Letter_20180525Water Resources ENVIRONMENTAL QUALITY .May 25, 2018 ROY COOPER Governor MICHAEL S. REGAN Seo•etaty LINDA CULPEPPER btterint Llit�e�or DWR # 17-0766 v2 Wake County Town of Apex Attn: John M. Brown PO Box 250 Apex, NC 27502 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATIONCERTIFICATE PER THE JORDAN LAKE WATER SUPPLY WATERSHED RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0267) WITH ADDITIONAL CONDITIONS Town of Apex -Beaver Creek Greenway -Phase 2 Dear Mr. Brown: You have our approval for the impacts listed below for the purpose described in your application dated April 12, 2017 and received by the Division of Water Resources (Division) on April 23, 2018. These impacts are covered by the attached Water Quality General Certification Number 4135 and the conditions,listed.below. This certification is associated.with the use of Nationwide Permit Number 14 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: 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 .0267(11)] Division of Water Resources; Raleigh Regional Office, Water Quality Operations Section http:/./13ortal.ncdetir.org/web/wq/aps 1628 Mail Service Center, Raleigh, NC 276997,1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Town of Apex -Beaver Creek Greenway -Phase 2 DWR #17-0766 v2 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) - Temporary Wetland W1 -Greenway 0.009 (acres) 0 (acres) W2 -Greenway -Boardwalk Const. 0 (acres) 0.132 (acres) W3 -Greenway -Boardwalk Const. 0 (acres) 0.272 (acres) W4 -Greenway Const./Clearing 0.010 (acres) 0 (acres) W5 -Greenway -Boardwalk Const. 0 (acres) 0.082 (acres) W6 -Greenway -Boardwalk Const. 0 (acres) 0.146 (acres) W7-Greenway-Const./Clearing 0.062 (acres) 0 (acres) W8 -Greenway 0.006 (acres) 0 (acres) W9 -Greenway -Boardwalk Const. 0 (acres) 0.020 (acres) W10 -Greenway -Boardwalk Const. 0 (acres) 0.029 (acres) W11=Greenway-Const./Clearing 0.016 (acres) 0 (acres) . W12 -Greenway_ 0.040 (acres) 0 (acres) W13 -Greenway'- a rdwalk Const: 0 (acres) 0.004 (acres) W14 -Greenway -Boardwalk Const. 0 (acres) 0.006 (acres) W15- Greenway-Const./Clearing 0.102 (acres) 0 (acres) W16 -Greenway 0.033 (acres) 0 (acres) Buffers -Zone 1 B1- Greenway 3,479 (square feet) 0 (square feet) Buffers Zone 2 131- Greenway 2,361 (square feet) 0 (square feet) B2- Greenway 348 (square feet) 0 (square feet) 2. Diffuse Flow All stormwater must be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re -concentrate before discharging into a stream. '[15A NCAC 02B .0267(8)] 3. 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] Town of Apex -Beaver Creek Greenway -Phase 2 DWR #17-0766 v2 401 AND BUFFER APPROVAL Page 3 of 4 4. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization'sha'll 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)] 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.own;er 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)] 6. This approval and its conditions are final and binding unless contested.' [G.S. 143-215.5] This Certification andBuffer 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 (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 DEQ: 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 Town of Apex -Beaver Creek Greenway -Phase 2 DWR #17-0766 v2 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 Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules as described in 15A NCAC 02B .0267. Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdetir.gov if you have any questions or concerns. Sinc-erely, f� v Danny Smith Supervisor, ater Quality Regional Operations Section Enclosure: GC 4135 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 Laserfiche Deborah Shirley via e-mail at dshirley@sandec.com