HomeMy WebLinkAbout20140905 Ver 4_401 Approval Letter_20190307ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
March 7, 2019
City of Raleigh
Attn: S. Wayne Miles, P.E
127 West Hargett Street, 811 Floor
Raleigh, NC 27601
NORTH CAROLINA
Environmental Quality
DWR #14-0905 v4
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
Crabtree Creek Stream Restoration
To Whom It May Concern:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) on December 28, 2018 with additional
information received on February 1, 2019. These impacts are covered by the attached Water
Quality General Certification Number 4I34 and the conditions Iisted below. This certification is
associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S.
Army Corps of Engineers. PIease 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 Iisted 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 and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] and15A NCAC
02B.0233(8)]
D Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
■���\ 919.791.4200
Crabtree Creek Stream Restoration
DWR ##14-0905 v4
BUFFER & 401 APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
SI: Fill
245 (Iinear feet)
0 (linear feet)
S2: Stabilization
0 (linear feet)
112 (linear feet)
S3: Relocation
576 (linear feet)
0 (linear feet)
S4: Culvert
25 (linear feet)
0 (linear feet)
Buffers - Zone 1 *
B1: Restoration
0 (square feet)
31,675 (square feet)
Buffers - Zone 2 *
B 1: Restoration
0 (square feet)
7,059 (square feet)
* Buffer impact B1 listed on the application and associated with stream restoration activities
is considered exempt and does not require written authorization from the Division provided
that diffuse flow and the health of existing vegetation in Zone 1 is not compromised and
disturbed areas are stabilized.
2. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but not limited to sediment impacts, and any violation of state regulated riparian buffer rules
[ 15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall contain
a description of the noncompliance, and its causes; the period of noncompliance, including
exact dates and times, if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case-by-case basis.
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]
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
Crabtree Creek Stream Restoration
DWR # 14-0905 0
BUFFER & 401 APPROVAL
Page 3 of 4
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 owner 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)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization can be contested as provided in General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH) within sixty (60) calendar days.
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. 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 Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-I601
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
Crabtree Creek Stream Restoration
DWR # 14-0905 v4
BUFFER & 401 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 Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Jeremiah
Dow at 919-791-4248 or ieremiah.dowQncdenr.gov if you have any questions or concerns.
Sincerely,
)�/* A4't�-
Jason Robinson, P.E.
Water Quality Regional Operations Section
Enclosure: GC 4134
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