HomeMy WebLinkAbout20130030 Ver 2_Approval Letter_201308274
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
August 27, 2013
DWR # 13- 0030v2
Wake County
Len Bradley
Parks & Recreation Department
128 South Main Street
Holly Springs, NC 27540
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION
RULES (15A NCAC 026 .0233) WITH ADDITIONAL CONDITIONS
Bass Lake Outfall Greenway
Dear Mr. Bradley:
This 401 Water Quality Certification (WQC) and Authorization Certificate per the Neuse Riparian Buffer Rules
dated August 27, 2013 replaces the WQC and Authorization Certificate dated March 18, 2013. In this
replacement WQC and Authorization Certificate, the riparian buffer impacts have been revised to reflect the
addition of the Somerset Farms Connector to the original submittal. The other changes to this WQC and
Authorization Certificate are related to updated formatting and updated standard additional conditions.
You have our approval for the impacts listed below for the purpose described in your application dated
January 10, 2013 and received by the Division of Water Resources (Division) on January 11, 2013 with
additional information received on February 21, 2013 and August 8, 2013. These impacts are covered by the
attached Water Quality General Certification Number 3890 and the conditions listed below. This certification
is associated with the use of Nationwide Permit Number 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:
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.
Nose Carolina
JVatmrally
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200
Internet: www ncwaterguality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159
An Equal Opportunity/Affirmative Action Employer- 50% Recycled /10% Post Consumer Paper
Bass Lake Outfall Greenway
DWR# 13 -003M
401 and BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0.011 (acres)
0.009 (acres)
Stream
0 (linear feet)
72 (linear feet)
Buffers — Zone 1
4,168 (square feet)
6,586 (square feet)
Buffers — Zone 2
7,952 (square feet)
5,175 (square feet)
2. Diffuse Flow
All new stormwater conveyances constructed to drain the greenway must discharge to existing swales in a
manner that does not result in erosion to the receiving swales or stream. The portions of the greenway
that are not drained by stormwater conveyances shall allow runoff to sheet flow into adjacent riparian
buffers. No additional stormwater will be collected or concentrated by the proposed project. If this is not
possible, then it may be necessary to provide an engineered level spreader or stormwater practice to
remove nitrogen prior to discharge. If deemed necessary, these practices will require additional approval
from the Division.
3. No Waste, Spoil, Solids, or Fill of Anv 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.
4. 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.
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.
6. 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
Bass Lake Outfall Greenway
DWR# 13- 0030v2
401 and BUFFER APPROVAL
Page 3 of 4
(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 sixty (60) 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 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 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.
Bass Lake Outfall Greenway
DWR# 13 -003M
401 and BUFFER APPROVAL
Page 4 of 4
Din rely,
4Jater m Y
Danny S, Supervisor
Surface Protection — Raleigh Regional Office
Enclosures: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;
Wake Forest, NC 27597
Chad Evenhouse, Kimley -Horn and Associates; P.O. Box 33068; Raleigh, NC 27636 -3068
DWR RRO 401 files