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HomeMy WebLinkAbout20140374 Ver 1_Approval Letter_201404244 NCDE IR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary April 24, 2014 DWR # 14 -0374 Wake County Ruffin Hall, City Manager Public Utilities Department 3324 Lake Woodard Drive Raleigh, NC 27604 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 Knightsbridge Way Bank Stabilization Dear Mr. Hall: You have our approval for the impacts listed below for the purpose described in your application dated April 7, 2014 and received by the Division of Water Resources (Division) on April 10, 2014. 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. Noae Carol A hma! North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 Customer Service Internet: www.ncwatcrquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 1- 877 - 623 -6748 An Equal Opportunity /Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper �a Knigtitsbridge Way Bank Stabilization DWR# 14 =0374 401 AND BU_ FFE_ R APPROVAL - Page 2 of 4 Type of Impact Amount Approved (units) Permanent _Amount Approved (units) Temporary Stream 53 (linear feet) 0 (linear feet) Buffers —Zone 1 5,155 (square feet) 0 (square feet), Buffers — Zone'2_ 1,603 (square feet) 0 (square feet) :2. No Waste „Spoil, Solids, or Fill'of'Any'Kind No waste, spoil; solid's, 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%staie'Watet quality standards; statutes, or rules occur. 3: Protective Fencing The outside buffer, wetland or water boundary and along'the construction corridor•withi_n, _ these boundaries approved under,this�authorization,shall be clearly marked with,orange warningfencing (or similar high visibility material) for'the areas }that have'been awoved'to ,infringe withim 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 yourapplication. The plansand specifications,for this, project are incorporated by reference as part of^the Certification, and Buffer,Authorization. 'If you change your project, ,you ' mustrnotify,the -Division and, you may be ,required'to submit,a neWrapplication package`With the appropriate fee. If the property is.sold, the new owner must be;given a copy ofthis approval'I'etter and,G'eneral 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 Gen Lira l'Statute 1509,,by filing a Written petition for an,adrriinistrative hearing,to the Office of Administrative Hearings (hereby known as'OAH). A petition form ^maybe obtained from the OAH ,at http: % /www.ncoah:com/ or'bycalling fhe OAH, Clerk;•s Office•at (919) 431 -3000 for information. Within thiity�(30) calendar,days'of�teceipt,of °this notice, a •petition, must'be filed'with the OAK, 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 �betweenS:00am and 5,00pm, excluding official state holidays), -.A Knightsbridge Way Bank Stabilization DWR# 14 -0374 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 feels received by the OAH within five'(5) business days following tfie faxed transmission. - Mailing address for the OAH: If •sending by First'Class Mail If sending via delivery service via the US Postal Service: (e.g. UPS, FedEx): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 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 512 N. Salisbury Street Raleigh, NC 27699 -1650 Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the j Neuse Riparian Buffer Rules as described in 15A NCAC 02B.0233. Please contact Cherd Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. 'S' c ely, Danny Smith Supervisor, Water Quality Regional Operations Section Enclosure: GC 3885 Knightsbridge Way Bank Stabilization DWR# 14 -0374 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 Matthew Watt; Dewberry Engineers Inc.; 2301 Rexwoods Drive, Ste. 200; Raleigh, NC 27607