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Home My WebLink About20200919 Ver 1_Approval Letter_20200904ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director City of Wilson Attn: Dale Edmonds P.O. Box 10 Wilson, NC 27864 NORTH CAROLINA Environmental Quality September 1, 2020 DWR #20-0919 Wilson 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 Wiggins Mill Park Dear Mr. Edmonds: 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 15, 2020 with payment received on July 16, 2020. These impacts are covered by the attached Water Quality General Certification Number 4132 and 4139 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 3 and 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 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)] and15A NCAC 02B .0611] North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 NoHrN r..x;:o�.iwn � o•o•° •mo a""w^^•"�ca°•r` /� 919.791.4200 Wiggins Mill Park DWR #20-0919 401 AND BUFFER APPROVAL Page 2 of 5 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Open Water 01: Boat Ramp and Pier 0.010 (acres) 0 (acres) 02: Bulkhead 0.006 (acres) 0 (acres) Buffers - Zone 1 131: Boat Ramp & Dock 1,230 (square feet) 0 (square feet) 132: Kayak/Fishing Pier 449 (square feet) 0 (square feet) 133: Bulkhead Repair 2,959 (square feet) 0 (square feet) 134: Fishing Pier 449 (square feet) 0 (square feet) 135: Pedestrian Bridge 741 (square feet) 0 (square feet) 136: Pedestrian Bridge 2,526 (square feet) 0 (square feet) 137: Walking Path 1,072 (square feet) 0 (square feet) Buffers - Zone 2 131: Boat Ramp & Dock 1,000 (square feet) 0 (square feet) 132: Kayak/Fishing Pier 300 (square feet) 0 (square feet) 134: Fishing Pier 371 (square feet) 0 (square feet) 135: Pedestrian Bridge 708 (square feet) 0 (square feet) 136: Pedestrian Bridge 817 (square feet) 0 (square feet) 137: Walking Path 855 (square feet) 0 (square feet) 2. Dispersed Flow All stormwater must be directed and maintained as dispersed flow, as defined in 15A NCAC 02H .0100, at non -erosive velocities through the protected stream buffers such that it will not re -concentrate before discharging into a stream. [15A NCAC 02B .0714 (9)] 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. Wiggins Mill Park DWR #20-0919 401 AND BUFFER APPROVAL Page 3 of 5 4. When concrete is used during construction, all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B. 02001 5. All mechanized equipment operated near surface waters or wetlands shall be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall not take place within 100 feet of waterbody or wetlands to prevent contamination by fuels and oils except as follows: in situations where equipment must continue to operate during fueling activities such as dewatering pumps near surface waters, secondary containment structures will be used to prevent any spillage from reaching the surface waters. Fuel shall not be stored within 100 feet of a waterbody or wetland. 6. 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 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)] Erosion control matting that incorporates plastic mesh and/ or plastic twine shall not be used along streambanks. [ 15ANCACO213. 02011 7. 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. 143-215.51 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. Wiggins Mill Park DWR #20-0919 401 AND BUFFER APPROVAL Page 4 of 5 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, INC 27699-6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, INC 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, INC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Paul Wojoski INC DWR — 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, INC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Paul Wojoski INC DWR — 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, INC 27604 Wiggins Mill Park DWR #20-0919 401 AND BUFFER APPROVAL Page 5 of 5 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.goss@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: Sit �U, BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Enclosure: GC 4132 GC 4139 cc: Samantha Dailey, USACE Raleigh Regulatory Field Office (via email) DWR RRO 401 file DWR 401 & Buffer Permitting Unit via Laserfiche Kevin Martin, S&EC, PA (via email)