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HomeMy WebLinkAbout20140579 Ver 1_Approval Letter_20140708001113- 9 1 FA NCDENR North, Carolina, Dopartment of Environment and 'Natural Resources Pat McCrory Governor July 8, 2014 City of Wilson Stormwater Attn: Daryl Norris 1800 Herring Avenue Wilson, NC 27894 ,John E.'Skvarla, III Secretary DWR # 14 -0579 Wilson County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN, RIPARIAN BUFFER PROTECTION RULES (15xNCAC 02B.0233) WITH ADDITIONAL CONDITIONS Prestwick Stream bank,Stabilization Dear Mr. Norris: You have our approval for the impacts listed below for the purpose described in your, application dated June 4, 2014 and received by the Division of Water Resources (Division.) on.June 16, 2014. These impacts are covered by theAttached Water Quality General Certification Number3885 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 foliowing additional conditions: i 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. None Carol �tura! North:Carolma Division of Water Resources 1628 Mail,Service Center Raleigh, NC 27699 -1628 Phone ^(919)'791 -4200 Customer Service Intemet www ncwaterquality org Location ,3800 Barrett Dave Raleigh, NC 27609 Far (919) 788 -7159 1- 877 - 623 -6748 Prestwick. Stream ban k5tabilization D W R #,'14 -0579 ,401 AND BUFFER APPROVAL Page 2,, f 4 Type of lm,pact Arnount,Approved Amount Approved' (units) (units) Permanent Temporary Stream 141 (linear feet) +'0 '(linear feet) Buffers= Zone 1 2;820 (square,feetl 0 ('square feet -) 2. NoWaste,Spoil, Solids, or Fill of Any, Kind. No waste,,spoil, solids, �or =fill of any k'ind,shall occur in wetland's,, waters; -or ripanIan areas' beyond the footprint of the impacts',depicted in the Pre-Construction 'Notification..All construction activitiesjncluding,the design„ °installation, ,operation, and lmairitenance of sediment and erosion control Best, Management Practices, shall be performed so that,no. violations of state water quality standards, statutes, or rul'es,occur. 3. Protective Fencing The outside buffer,; wetland-or water boundary,- and,,a`long the, construction corridor within these boundaries approved under this authorization shall be. clearly marked with orange warn ing'fencing,(or similar high visibility niateri'al) for the areas that have been approved to infringe'w,ithin 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 ofthe Certification'and Buffer Authorization. If,you change your project, you must notify the Division and, you, may be srequired'to submit a new,application package with the appropriate;fee. Wthe property is sold,, the `new ownerrnust be given a copy" of this approv "al letter and General Certification and is responsible for complying with all conditions. 5. This,approval'an,d its conditions'-are final ;and binding unless contested. This, Certification and,B,u_ffer Authorization can be contested as provided in Articles 3 and, 4,of 'General °Statute 150B,byfiling a written petition;for an.administi:ative hearing toa'the,Dffice of Administrative Hearings'(hereby`known as, OAH)). A, petitiori'form� may1,be obtained from the, OAH at http: / /,www.ncoah.dom/ or by calling the OAH'Clerk's Office at,(919) 431- 3000'for'information. Within thirty ('30) calendar- days of receipt of thi's notice, a!petiti'on must be, filed'with the OAH. �A ,petition 4s considered filed'when,the original and,one (1) copy along with ari,yapplicable OAH, filing fee is received in the OAH during normal office hours (Monday through Frida "y be_tween_:8:00'am and'5 00pmi excluding official state holidays),. Prestwick, Streambank, Stabilization bW01,14 -0579 4014AND BUFFER APPROVAL iPage,3 of 4 The petition, maybe -fax�ecl to the OAH at,(-919) 4'31 -3100; provided the original and one copy of the petition along with, any,appli'cable OAH filingfee is received'by the OAH Within fiye,(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, F,edEx). Office of Administrative Hearings 1711 New Hope Church,Road Raleigh,,INC 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.,petiti'on to DWR-; If sending by First Class Mail via the, US Postal,Service:' Karen Higgins NC DENR -'DWR — W&seape Unit 1617'Mail Service Center Raleigh,, NC 27699 -1650 If sending via delivery service (e.g., UPS, FedEx) Karen Higgins NC''DENR -DWR — Nlebscape� Unit- 5`12 N., Salisbury Street Raleigh,, 'NC 27604 This,letter,completes,the review of,the DiVisidMunder section 401,of•the Clean Water Act and the Neuse Riparian Buffer Rules as described'in 154 NCAC 02B .0233. Please contact Cherri Smith at '91977914251 or cher."ri.smith @,hcdenr:go"v if you have any questions or concerns. ncere , Danny Smith - SUpervisor,,•Water Quality'Regiona'I Qperafion&Section Enclosure: GC 3895 Prestwick Stream bank, Stabilization DWR# 14 -0579 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 DWR RRO 401 Files