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Home My WebLink About20131066 Ver 1_Approval Letter_20131010ACT *_ % NCDENR North Carolina Department of Environment and Natural Resourc Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary October 10, 2013 Public Utilities Department Attn: Perry James, Interim City Manager P.O. Box 590 Raleigh, NC 27602 DWR # 13 -1066 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 Trailwood Valley Circle Bank Stabilization Dear Mr. James: You have our approval for the impacts listed below for the purpose described in your application dated September 26, 2013 and received by the Division of Water Resources (Division) on October 3, 2013. These impacts are covered by the attached Water Quality General Certification Number 3885 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 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, General Permit and /or Buffer Rules are met. No other impacts are approved, including incidental impacts. One N hCarohna Jl Kati orally 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 110% Post Consumer Paper 'Tradwood Valley Qrde.Bank Stabilization DWR #13 -1066 401,AND.BUFFER APPROVAL Page,2 of�4 ''Type of Impact Amount Approved (units) Permanent Amount Approved (units temporary, .Stream - 30 (linear°feet) 0 (linear feet) Northwest Bahl(' Stream 30 (linear feet) 0 (linear feet) Southeast Bank Buffers —Zone 1 900 (square,feet -) 0 (square feet), Buffers —,Zone 2 600 (square feet) 0 (square feet) 2. '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 Practi'ces,<shail be performed so that no violations of state water,quality•standarrds, 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 w,ithin'the, buffer; wetland or•water, prior to any land distur=bing activities to ensure compliance-with 15,,NCAC 02H'.p500. 4.. This approval is for the purpose and design 'described in yourapplication., The p ''lans, 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 maybe required to submit`a new application package with the appropriate fee. If the,property!is sold, thelnew owner must'be giVen,a copy of thi's approval letter and General Certification and is responsible for complying with all conditions: 5. Thisapproval and itSLconditions 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 maybe obtained frorn,the OAH at http: / /www.ncoah.com /`or•by calling the, OAH Clerk's_Office at (919) 431 -3,000 for'information. Within sixty (60) calendar days of receiptof 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): Trailw_ ood Valley Circle Bank'Stabilization DWR. #13 -1066 401 AND BUFFER APPROVAL Page 3 of 4 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 sendrng'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.gov if you have any questions or concerns. Sinc rely, Danny Smi , Supervisor Water Quality Section — Raleigh Regional Office Enclosures: GC 3895 Trailwood Valley Circle Bank Stabilization n DWR #13 -1066 401 AND BUFFER APPROVAL Page 4 of 4 cc: U.S. Army Corps of Engineers;'Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St: 105; Wake Forest, NC 27597 Mary Brice; Dewberry,; 2301 Rexwoods Drive; Ste. 200; Raleigh, NC 27607