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