20140530 Ver 1_Approval Letter_20140717

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NCDENR
North Carolina Department of Environment, and Natural Resources
Pat McCrory
Governor
July 17, 2014
Wake County Public'School System
Attn: Joe Desormeaux
1551 Rock Quarry Road
Raleigh, NC 27610
John E. Skvarla, III
'Secretary
DWR # 14 -0530
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
Leesville Church Road Stream Crossing at Pine Hollow Middle-School
Dear Mr. Desormeaux:
You have our'approval for the impacts listed below for the purpose described in your application
dated May 22, 2014 and received by the Division of Water Resources (Division`) on May 27, 2014
with additional information received on July 11, 2014 and July 17, 2014. These impacts are
covered by the attached Water Quality General Certification Number 3890 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number39 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:
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.
N One
Natural,
North Carolina Drvisron of Water l esources 1628,Mad,Serviee Center Raleigh,'NC-27699 -1628 Phone,(919) "791 -4200 CustomerService
Internet www ncwaterqualrty org Location 3800 Barrett Drive, Raleigh, NC 27609 Fax [phone]
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Leesville Church Road Stream,Cro"ssing
DWR# 14 -0530
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
'Perrnanent
Amount Approved
(units)
Temporary
Stream
147.9 '(linear feet)
38.68 ,(linear feet)
Buffers "Zone 1
7,928.24 (square feet)-
3,264.26 (square feet)
Buffers — Zone 2
4,842.02 .(square feet)
2,159.56 '(square feet)
2. Stormwater Management Plan (SMP) Approval from Local Communitv Reauired
You are required to provide one copy (hard copy or digital) of the approved SMP, including,
plan details on, full-sized plan sheets, with proof of the, City of Raleigh's approval. The
approved SMP shall be submitted to the DWR Webscape Unit (1617 Mail Service Center,
Raleigh, ,NC 27699 - 1617) 'before any'impacts authorized, in this certification occur. After it is
approved and submitted to the Division,'the'SIVIP may not be modified without prior written,
authorization from the City of Raleigh. If'the SMP is modified in the future, then you shall
provide.one modified SMP :with proof of approval to -the DWR Webscape U,riit prior to the
commencement of the modifications.
3. Diffuse.Flow
All stormwater 'shall be directed' and maintained as diffuse flow at non - erosive velocities
`th-rougH the,protected stream buffers such that it will not re- concentrate before discharging
into a stream. '
4. No Waste; Spoil, Solids, or Fill of-Any Kind
No waste, spoil, solids, or fill of any kind shall occur in weflands,waters, or riparian areas
beyond,the footprint of the impacts depicted in the Pre - Construction Notification. All
construction activities, including the design, installation; operati'ont, 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.
5. Protective Fencin
The outside buffer, wetland or water boundary and along the,construction corridor within
these boundaries,approved under this authorization shall be eleatly 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.
6. 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,

Leesville Church Road Stream Crossing
DWR# 14-0530
401 AND BUFFER APPROVAL
Page 3 of,4
the new owner must be given a copy of this approval letter and General Certification and is
responsible "for complying,with all conditions.
7. 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 1508 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 thirty (30) 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 8:00am
and 5:00pm, excluding official, state holidays).
The petition may beJaxed 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,for4the OAH:
If sending by First Class, Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail'S'ervice 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
If sending via delivery service
(e.g. UPS, FedEx):,
Karen Higgins
NC DENR -DWR — Webscape Unit

Leesville Church Road'Stream Crossing
DWR# 14 -0530
401 AND BUFFER APPROVAL
.Page 4 of 4
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699 -1617 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.
i
oin reIy,
Danny Sm' h
.Supervisor,; Water Quality Regional Operations Section
Enclosure: GC' 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive; St. 105; Wake Forest, NC 27597
Fred Rash; The Wooten Company; 120 North Boylan Ave.; Raleigh; NC 27603 -1423
DWR RRO 401 Files