HomeMy WebLinkAbout20131218 Ver 1_Approval Letter_20131203'Via
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NCDENR
North Carolina Department of Environment and Natural .Resources
Division of Water Resources
Pat- McCrory
Governor
City'of Raleigh, Public Works Department,
Attn: Robert Massengill
P.O: Box 590'
Raleigh, NC 27602
Water Quality Programs
Thomas A. Reeder
Director
December 3,2013
John E. Skvarla, III
Secretary
DWR # 13 -1218
Wake County-
Subj'ect: 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
Sanford Creek.Sewer, Pump, Station Removal & Gravity,Sewer Project
Dear Mr. Massengill:
You have our approval for the impacts listed below for the purpose described in your application dated
November 21, 2013 and, received, by the Division ofWater Resources (Division) on November 22, 2013. These
impacts-are covered by�the attached Water Quality General Certification Number 3884 and the conditions
listed below. This, certification'is associated with the use of Nationwide Permit Number 12 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
Type of Impact
Amount Approved
Amount Approved
(units)
('units)
Permanent
Temporary
Stream
0 (linear.feet)
30 (linear feet)
-
tCarolhina
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North Carolina Division "of Water Resources 1628 Mai I''Service,Center I Raleigh, NC,27699 -1628 Phone'(919) 791 =4200
Internet www'ncwaierguality org Location 3800 Barrett Drive Raleigh, NC 27609 Fax - (919) 788 -7,159
An Equal Opportunity /Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
Sanford 'CreekSewer
DWR413 -1218
401 AND BUFFER,APPROVAL
Page, 2 ,of.4
Buffers —Zone 1
0 ,(sq -L are feet)
600 (square feet)_
Site 1
Buffers — Zone 2
0 (square feet)
400 (square feet)
Site 1
Buffers-- Zone 1
1;824 (square -feet)
0 (square.feet)
Site 2
Buffers — Zone 2
1,217 (square feet)
4
0 (square feet)
Site 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'imp'acts'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 , 1,5'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 Buff_er,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 8s00arn and 5:00pm,
excluding official state holidays).
Sanford Creek Sewer
DWR #13 -1218
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 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.gov if you have any questions or concerns.
�Sinc rely,
Dann Y Smitfi S ervisor
Water Quality Regional Operations Section
Enclosures: GC 3884
Sanford Creek Sewer
DWR #13 -1218
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
Bob Zarzecki; Soil & Environmental Consultants; 8412 Falls of Neuse Road, Ste. 104; Raleigh, NC
27614
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