HomeMy WebLinkAbout20150995 Ver 2_05_Approved 401 NWP 18 - Park Depot Greenway - DWR#15-0995_20190403PAT MCCRORY
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DONALD R. VAN DER VAART
� . Secrefary
WaterResources
ENVIRONMENTAL OUALITY
May 31, 2016
S. JAY ZIMMERMAN
Dbec(m
DWR #15-0995
Wake County
Town of Fuquay-Varina
Attn: Tracy Stephenson
401 Old Honeycutt Rd.
Fuquay-Varina, NC 27526
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
Park Depot Greenway
Dear Ms. Stephenson:
You have our approval for the impacts listed below for the purpose described in your
application dated September 24, 2015 and received by the Division of Water Resources
(Division) on September 25, 2015 with additional information received on May 24, 2016. 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 projeci,
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 026 .0506(b)(c) and 15A NCAC 02B
.0233(8)L
Division of Water Resources, Raleigh Regional Office, Wa[er QualiTy Operations Section h Phone a(919) 91-42ppb/W4/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Fa�c: (919) 788-7159
Location: 3800 Barrett Drive, Raleigh, NC 27609
Park Depot GW
DWR #15-0995
401 AND BUFFER APPROVAL
Page 2 of 4
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 02H .0506(b)(5)]
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. [15A NCAC 02W .0501
and .0502]'
4. Protective Fencine
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. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H A507 (c)j "
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
Park Depot GW
DWR #15-0995
401 AND BUFFER APPROVAL
Page 3 of 4
sold, the new owner must be given a copy of this approval letter and General Certification
and is responsible for armplying 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 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 (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 thiMy (30) 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:OOam and S:OOpm, 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 sendinq by First Class Mail
via the US Postal Service:
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administretive Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
16D1 Mail Service Center
Rakei�h,,NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
If sending via delivery service
(e.g. UPS, FedExJ:
Karen Higgins Karen Higgins
Park Depot GW
DW R #15-0995
401 ANI7 BUFfER APPROVAL
Page 4 of 4
NC DENR-DWR-401 & Buffer NC DENR-DWR-401 & Buffer
Permitting Unit Permitting Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 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.smithC@ncdenr.�ov if you have any questions or concerns.
Sin erel
l�'�',��/''
Danny Smith/
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
Ross Sullivan; Kimley-Horn; 3001 Weston Pkwy.; Cary, NC 27513
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit