HomeMy WebLinkAbout20020677 Ver 3_Approval Letter_20131107NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
November 7, 2013
City of Raleigh — Public Utilities Department
Attn: Perry James, Interim City Manager
P.O. Box 590
Raleigh, NC 27602
John E. Skvarla, III
Secretary
DWR # 02- 0677v3
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
Clear Brook Drive Bank Stabilization
Dear Mr. James:
You have our approval for the impacts listed below for the purpose described in your application dated
October 15, 2013 and received by the Division of Water Resources (Division) on October 25, 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 401 Certification and Buffer
Authorization replace the 401 Certification and Buffer Authorization issued to you on August 21, 2013.
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.
1V O e Carolina
Natumlly
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200
Internet: www.ncwaterouality.orq Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159
An Equal Opportun4/Affirmative Action Employer- 50% Recycled /10% Post Consumer Paper
Clear Brook Drive
DWR# 02- 0677v3
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)
Site 1
Stream
40 (linear feet)
0 (linear feet)
Site 2
Stream
20 (linear feet)
0 (linear feet)
Site 3
Stream
80 (linear feet)
0 (linear feet)
Site 4
Buffers — Zone 1
7,530 (square feet)
0 (square feet)
Site 1
Buffers — Zone 2
1,860 (square feet)
0 (square feet)
Site 1
Buffers — Zone 1
0 (square feet)
1,200 (square feet)
Site 2
Buffers — Zone 2
0 (square feet)
800 (square feet)
Site 2
Buffers —Zone 1
900 (square feet)
0 (square feet)
Site 3
Buffers — Zone 2
600 (square feet)
0 (square feet)
Site 3
Buffers — Zone 1
900 (square feet)
0 (square feet)
Site 4
Buffers — Zone 2
600 (square feet)
0 (square feet)
Site 4
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
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.
Clear Brook Drive
DWR# 02- 0677v3
401 AND BUFFER APPROVAL
Page 3 of 4
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 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 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 If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins
NC DEN R-DWR — Webscape Unit NC DENR -DWR — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
512 N. Salisbury Street
Raleigh, NC 27604
Clear Brook Drive
DWR# 02- 0677v3
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.gov if you have any questions or concerns.
Sincer ly,
%7 � L IX r
anny Smi , Supervisor
Water Quality Regional Operations Section
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
RRO DWR files