HomeMy WebLinkAbout20010586 Ver 2_Approval Letter_20130412NCDE SIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvada, III
Governor Director Secretary
April 12, 2013
Carl Dean, Town Manager
128 South Main Street
Holly Springs, NC 27540
DWQ # 01 -0586 v2
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
Bass Lake Greenway Phase II
Dear Mr. Dean:
You have our approval for the impacts listed below for the purpose described in your
application dated March 25, 2013, received by the Division of Water Quality (Division) on
March 28, 2013. These impacts are covered by the attached Water Quality General
Certification Number 3886 and the conditions listed below. This certification is associated with
the use of Nationwide Permit Number 14 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:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone 919 - 807 -6301 1 FAX: 919 - 807 -6494
Internet http /!portal ncdenr orghveb/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
Bass Lake Greenway Phase II
DWQ# 01- 0586v2
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0.006 (acre)
0 (acre)
Site 1
Wetland
0.014 (acre)
0 (acre)
Site 2
Buffers —Zone 1
8,113 (square feet)
0 (square feet)
Site 1
Buffers — Zone 2
692 (square feet)
0 (square feet)
Site 1
Buffers —Zone 1
936 (square feet)
0 (square feet)
Site 2
Buffers — Zone 2
1,022 (square feet)
0 (square feet)
Site 2
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 2B.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.
1. 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.
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. 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
Bass Lake Greenway Phase II
DWQ# 01- 0586v2
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 complying with all conditions.
5. This approval and its conditions are final and binding unless contested.
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 httr): / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for
information.
Within thirty (30) calendar days of receipt of this notice, a petition must be fled 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
8:00am 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 DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWQ:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DEN R -DWQ— Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR - DWQ — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
Bass Lake Greenway Phase II
DWQ# 01- 0586v2
401 AND BUFFER APPROVAL
Page 4 of 4
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.smith @ncdenr.eov if you have any questions or concerns.
t4
Danny S ff)?
Supervisor
Surface /Water Protection — Raleigh
Regional Office
Enclosures: GC 3886
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
DWQ RRO 401 files
DWQ Webscape Unit
Phil May; Carolina Ecosystems Inc.; 3040 NC Hwy 42 West; Clayton, NC 27520