HomeMy WebLinkAbout20010586 Ver 3_Approval Letter_20140211AT ►A
AW
- NCDENR
North Carolina Department of Environment` -and Natural Resources
Division of Water Resources
'Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
February 11, 2014
Charles Simmons, Town Manager
128 South Main Street
Holly Springs, NC 27540
j
John E. Skvarla, III
Secretary
DWR # 01 -0586 v3
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.
Bass Lake Greenway Phase II
Dear Mr. Simmons:
You have our approval for the impacts listed below for the purpose described in your application dated
January, `21, 2014 and received by the Division of Water Resources (Division) on January 27, 2014. These
impacts are covered by the attached Water,Quality General Certification Number 3886 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 14 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 April 12, 2013. r
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
Wetland
0.006 (acre)
0 (acre)
Site 1
- Nose Ca rolina
tMra!!r�
North Carolina Division of Water'Resources 1628Mail Service�Cenier Raleigh, NC 27699 -1628 Phone (919) 791 -4200
Internet www rimatercivahty orq Location 3800 Barrett Dnve� Raleigh, NC 27609 Fax (919) 788 -7159
An Equal Opportunity /Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
Bass Lake Greenway Phase,H
b W R #01 -05860
401,and BUFFER APPROVAL
Page 2 of 4
Wetland
0.014 (acre)
0 (acre)
Site 2
Stream
0 (linear feet)
31 (linear feet)_
Buffers Zone 1
8,256 (square feet)
0 (square feet)
Site 1
Buffers.— Zone 2
692 (square feet)
0 (square feet)
Site 1
Buffers —Zone 1
936 (square feet)
0 (square feet)
Site 2
Buffers — Zone'2
1,022- (square,feet)
0 (square feet)
Site 2
2. Diffuse Flow `
All constructed stormwater conveyance,outlets shall, be directed and maintained as,diffuse flow at,non-
erosive .velocities through the protected stream ,buffers such that it will ,not re- concentrate before
discharging;into a stream as,identified within 15A NCAC,26 -.0233 (5). If this is riot possible, it may be
necessary,to provide sto.rmwater facilities,thatiare, considered to remove nitrogen and phosphorus. This
may;require additiona'I approval from this Office.
No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands,'Waters, oe''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:
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
Bass Lake Geeenway Phasdll
D W R #0V0586v,3
401,and BUFFER APPROVAL
Page 3 of'4
known ,as OAH). A petition form: may be 6btained from'the, OAH, it,http://,\Afww.ncoah.com/ or'by,calling the
OAH',Clerk's Office -at !(919) 431-3000 for information..
Within thirty (30) calendar 4i3ys,of,receipt•of this,, notice, a petition must be filed with,the,OAH'. Apetition, is
considered filed when the original •and `one (1)� copy a_'longrwith any appli'cab'le ,OAH filing fee is received in the
OAH during_ normal,office,hours (Monday" through Friday, between,800am,and,5:00prn) excluding officia[state
holidays).
The, petition may be faxed to the OAH at (919)431.3'100, 0t6vided the origina[ and, one copy of the,petition
along_with any'applicable OAH filing fee, is received by'the,OAH vv`ithib fivea (5,)' business,days following the
faxed transmission.,
Mailing address forthe OAH
If sending by First,Class Mail
Vialtiie,&S Postal S L
Office of Administrative, Hearings
6714,Mail Service Center
Raleigh, NC 27699 =6714
!f `sendingvia, delivery service
(e.g. SUPSJedEx):
O;ffice,of Administrative Hearings.
1711 New H, ope 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
1,601 Mail Service,�Center
Raleigh, NC 27699 -1601
Please send one, (If co,py,,of,the petition to DWQ:
,lflsending by First "Class Mail
via ,the. U5,P6sta1,5erwce':,
'Karen Higgins
NC DENR -'DWR — Webscape,Unit'
1650 Mail Service Center
Raleigh, NC27699 ;1650
= 1f'sending via deh.v r ervice
(eg:
Bass Lake Greenway`Phase II
D W R #01- 0586v3
40.1 and BUFFER APPROVAL
Page 4 of 4
rerel
Danny °Smith
Supervisor,'Water Quality Regional Operations Section
Enclosure: GC 3886
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St: 105;
Wake Forest, NC 27597
DWR RRO 401 files
Phil May; Carolina Ecosystems Inc.; 3040 NC Hwy 42 West; Clayton, NC 27520