HomeMy WebLinkAbout20200989 Ver 1_Approval Letter_20200903DocuSign Envelope ID: 74004B5D-43A1-4DA8-BOCB-1566DCCCE132
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
City of Durham
Attn: Rod Florence
101 City Hall Plaza
Durham, North Carolina 27701
NORTH CAROLINA
Environmental Quality
September 3, 2020
DWR #19-0810 v2
Durham 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 .0714)
WITH ADDITIONAL CONDITIONS
Hoover Road Athletic Park
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 July 31, 2020 and with additional
information received on September 02, 2020. These impacts are covered by the attached Water
Quality General Certification Number 4139 and the conditions listed below. This certification is
associated with the use of Nationwide Permit 39 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 401 Water
Quality Certification and Authorization Certificate for DWR #19-0810 v2 replaces the 401
Water Quality Certification and Authorization Certificate for #19-0810 vI approved on
August 23, 2019.
This approval requires you to follow the conditions listed 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) and 15A NCAC
02B .0611]
D E Q� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA �
0MorEeAMMIWou.ury 919.791.4200
DocuSign Envelope ID: 74004B5D-43A1-4DA8-BOCB-1566DCCCE132
Hoover Road Athletic Park
DWR #19-0810 v2
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
S I: Fill for Road Crossing
104 (linear feet)
0 (linear feet)
S2: Utility Crossing
0 (linear feet)
34 (linear feet)
S3: Restoration and
Temporary Road Crossing
0 (linear feet)
35 (linear feet)
Buffers - Zone 1
B I: Road Crossing
8,116 (square feet)
0 (square feet)
B2: Restoration and
Temporary Road Crossing
0 (square feet)
2,342 (square feet)
B3: Utility Crossing
0 (square feet)
2,523 (square feet)
B4: SW Discharge
67 (square feet)
960 (square feet)
Buffers - Zone 2
B 1: Road Crossing
5,043 (square feet)
0 (square feet)
B2: Restoration and
Temporary Road Crossing
0 (square feet)
712 (square feet)
B3: Utility Crossing
0 (square feet)
1,500 (square feet)
B4: SW Discharge
0 (square feet)
685 (square feet)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the City of Durham and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the Town of Cary. [15A NCAC 02H .0506(b)(3)]
3. 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.
4. Protective Fencing
DocuSign Envelope ID: 74004B5D-43A1-4DA8-BOCB-1566DCCCE132
Hoover Road Athletic Park
DWR #19-0810 v2
401 AND BUFFER APPROVAL
Page 3 of 4
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
.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)]
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 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:
Ifsending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending via delivery service
(e.g. UPS, Fec/Ex):
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
DocuSign Envelope ID: 74004B5D-43A1-4DA8-BOCB-1566DCCCE132
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
Ifsending by First Class Mail
via the US Postal Service:
Paul Wojoski
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Hoover Road Athletic Park
DWR #19-0810 v2
401 AND BUFFER APPROVAL
Page 4 of 4
Ifsending via delivery service
(e.g. UPS, FedEx):
Paul Wojoski
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 .0714. Please contact
Stephanie Goss at 919-791-4256 or stephanie.gossgncdenr.gov if you have any questions or
concerns.
S1nCerelJ , DocuSigned by:
Sett tU. 4t'
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 4135
GC 4139
cc: DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche
Lauren Norris -Heflin, Timmons, via email: lauren.Norris-Heflin(2timmons.com