HomeMy WebLinkAbout20130021 Ver 1_Approval Letter_20130206A li-Orb
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North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
City of Raleigh
Attn: J. Russell Allen, City Manager
PO Box 590
Raleigh, NC 27602
Division of vl-atei Quality
Charles Wakild, P. E
Director
February 6, 2013
John E. Skvarla, III
Secretary
DWQ Project # 13 -0021
Wake County
Subject Property: Approval of 401 Water Quality Certification with Additional Conditions
Authorization Certificate per the Neuse Riparian Buffer Rules
Townesbury Lane Streambank Stabilization
Dear Sir:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise permanently impact 50 linear feet of stream, 1,500 square feet of
Zone 1 Neuse protected riparian buffer and 1000 square feet of Zone 2 Neuse protected
riparian buffer, as described within your application received by the N.C. Division of Water
Quality (Division) on January 9, 2013 with additional information received on January 23, 2013.
The impacts are covered by General Water Quality Certification Number(s) 3885 (GC3885),
which allows you to use Nationwide Permit(s) NW13 when issued by the US Army Corps of
Engineers (USACE), and this Buffer Authorization Certificate. In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead
with your project including (but not limited to) Erosion and Sediment Control, Non - discharge,
and other regulations. This approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or
CAMA Permit.
This approval is for the purpose and design that you,described in your application. If you
change your project, you must notify us and you may be required to send us a new application.
If the property is sold, the new owner must be given a copy of this Certification and approval
letter and is thereby responsible for complying with all conditions. If total fills for this project
(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in 15A NCAC 02H .0506 (h). This approval requires
you to follow the conditions listed in the attached certification and any additional conditions
listed below.
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (Webscape)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: 919. 807 -63001 FAX: 919-807-6494
Internet http J /portal.ncdenr.orghveblwglws
An Equal Opportunity 1 Affirmative Action Employer
Townesbury lane Streambank Stabilization
Page 2 of 3
February 6, 2013
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact
Amount Approved (Units)
Plan Location or Reference
Streams — permanent
50 (linear feet)
PCN pg 4 of 10
Zone 1 Buffers — permanent
1,500 (square ft.)
PCN pg 5 of 10
Zone 2 Buffers —temporary
1000 (square ft.)
PCN pg 5 of 10
2. Diffuse Flow
All constructed stormwater conveyance outlets shall 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 as identified within 15A NCAC 0213.0233 (5). If
this is not possible, it may be necessary to provide stormwater facilities that are considered to
remove nitrogen and phosphorus. This may require additional approval from this Office.
3. 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.
4. You must revegetate all disturbed areas within the buffers. If you need additional
information on plantings, see Guidelines for Buffer Restoration available at:
http://Portal.ncdenr.org/c/document library/get file?uuid=e46ec613-90f8-4e22-973c-
57c863afc737 &groupld= 38364.
5. Certificate of Completion
The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
-http: / /portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms).
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings.
You may obtain a petition form from the Office of Administrative Hearings at
http://www.ncoah.com/ or call (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy is received in the Office of Administrative Hearings during normal office hours (Monday
through Friday between 8:OOam and S:OOpm, excluding official state holidays).
Townesbury Lane Streambank Stabilization
Page 3 of 3
February 6, 2013
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided
the original and one copy of the petition is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601.
Unless such a petition is filed, this Certification shall be final and binding.
Sin erlelny, r
Karen Higgins, Supervis
Wetlands, Buffers, Storm ter —
Compliance & Permitting Unit
Enclosures: GC3885
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
Mary T. Brice, Dewberry & Davis, Inc., 2301 Rexwoods Drive, Suite 200, Raleigh, NC 27607
File Copy
Filename: 130021CORaleighTownesburyLane (Wake )401 NBR.docx