The URL can be used to link to this page

Home My WebLink About20130779 Ver 1_Approval Letter_20130809NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality, Programs Pat-McCrory Thomas A. Reeder Governor'' Director August 9, 2013 City,of Rafeigh.Rub'lic Utilities Dept. .Aftn: Perry James, Interim City Managet P.O. Box 590 Rale'igh,, NC,27602 =0590 John E. SkWarla, jll Secretary DM 4 1`3 -07,79 Wake County .Subject: APPROVAL OFA01'WATER QUALITY.CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE;NEUSE,RIUER BASIN RIPARIAN BUFFER PROTECTION" RULES (15A NCAC.0213 .0233)' WITH ADDITIONAL CONDITIONS Clerestory Place Bank Stabilization, Dear Me. James: You have our approval for the; mpacts listed' below for °the purpose described'in your�appllcation dated' ,July 19, 2013and received bythe'Divisi6n of Water, Resource`s.(Division) ori'J.uly 26, 2013. 'TfTese,impacts,are, covered,,by'the attachedWater, Quality,General Certification N`um'ber3885`andthe conditions'listed"below. This certification is, associated with the use of Nationwide; P.errnit `Num`ber,13 once'it is issued to you by the, U.S,. Army Corps'of. Engineers. Pleaseinote-that you.should get any other�federal;�state or °local permits, before, ,proceeding with ,your project, Jincluding,those required �by,(but not limited to) Sediment and Erosion Controi, Non - Discharge, and Water Supply VWat6eshed, regtilation's. This approval requires you.to follow the conditions listed 'in the enclosed, certification, and,the ;following additional conditions:, The foliovvingJmpaets are 'herdby�approved: provided thata'll,ofthe n otherAspecifi6and geeraI icon ditions,of the, Certifications-,,'General Perm'its,and /or Buffer Rulesare met. No other impacts are approved, including incidental irnpacts-. 'Type, of Impact r Amount,Approved Amount'Approyed (units) (units)' Permanent Ternponary Stream 300 (linear feet) 0 (linear °feet) Noe Carolina -- - - tura!!r� North ,'Carolina Division of Water Resources 1628 Mad Service Center Raleigh, NC,27699 -1628 ' Phone (919),7,91 -4200' ,Internet_ �www ncwaterg_uality org Location 3800 Barrett Dnv& 'Raleigh;'NC 27609 fax (9,19J788-71'59 rc An Equ8l'Opp6rtun ty /Affirmabve Achon,Er6ployer - 501/q Recycletl /10 % ",Post;Consumer Paper Clerestory Place Bank Stabilization DWR# 13 -0779 401 AND BUFFER'APPROVAL Page 2:of4 Buffers —Zone 1 19,900 (square feet) 10 (square feet) 2. No Waste; Spoil, Solids, or Fill of Any Kind No waste.5poil, 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 designi installation, operation, and maintenance of sediment and erosion contro'I 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 incor,poratedby 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. 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 http: / /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 filed with the OAH. A petition is considered filed when the original and,one (1) copy along with any applicable OAH filing fee Js received' in the OAH during normal office hours (Monday through ,Friday between &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 If sending via delivery service via the US. Postal Service: (e:g. UPS, FedEx): Clerestory Place Bank Stabilization DWR# 13 -0779 401 AND BUFFER APPROVAL Page 3 of 4 Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 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 DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR -DWR — Webscape Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR -DWR — Webscape Unit 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 .0233 . Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.Rov if you have any questions or concerns. rely, � 7n Danny Smi , Supervisor Surface Water Protection — Raleigh Regional Office Enclosures: GC 3885 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 Mary Brice; Dewberry & Davis; 2301 Rexwoods Drive, Ste. 200; Raleigh, NC 27607 DWR RRO 401 files