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HomeMy WebLinkAbout20140790 Ver 1_Approval Letter_20140807id®ENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary August 7, 2014 DWR ft 14 -0790 'Wake Counfy Re) Hospita`I, Attw Chad Lefteris 4420 Lake,Boone Trail' Raleigh, NC 27607 Subject: APPROVAL OF4olvATER QUALITY'CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER;THE NEUSE RIVER BASIN RIPARIANBUFFER PROTECTION RULES'(lsA,NCAC,02B .0233)'WITH ADDITIONAL CONDITIONS RexHospital'Sewer Upgrade Dear'Mr. Lefteris: You have our approval fort he imp9- ts,li'sted below,for the purpose described,in your application dated,July 2.4,,201,4 and, received by�the,Divisi'on of'Watei- Resources (Diuision),on july�25, 2014. These impacts are covered by the'aitaehed Water Quality General Certification Number 3884 and the,conditions; listed b'el'ow. This certification is associated with the.use of Nationwide Permit Number 12,once it.i' llssued�to youdby, the, U.S. Army Corps of Engineers. Please note that you should get any other federal,, state or'local permits before proceedingwith your project, including those required.by`(but,not limited; to) Sediment•arid Erosion Control, Non- Discha °rge;,and Water, Supply Watefshed regulations. ' This approval,requires you'to follow the c- ondition5listed i'n,the enclosed certification and the following ;additional conditions: 1. The'following.iripacts are hereby approved provided that,all ofAhe other specific and general conditions of'06 Certification, General Peemit,and /or Buffer Rules are met, No,other impacts, are approved, including incidental impacts. One NorthCarol �atura! North,Carolma Division of Water Resources 1'628 ,.MadWService Center Raleigh „NC 27699 -1628 Phone�(919)`791 -4200 Customer Service 'Internet www�newaterquality or Locaiwn;3800 BarretMrive Raleigh, NC 17609 Fax (919) 7884459 f- 877- 623 -6748 An Equal Opportunity /Affirmative,Adion Employer— 50 %Recycl- ed110% Post Consumer Paper Rex Hospital "Sew_,er Upgrade, D W 1414 -07,90 401 AND4B -OFFER APPROVAL `Page 2,of'4 Type of'Impact AmountApproved (units) Permanent AmountApproved (units) Temporary Stream 51 (linear feet). 0 (linear feet)' Impact2 Neuse /03020201 Stream' 18 '(linear feet) �0 (linearfeet) Impact 3 Stream 40 ,(linear feet) 0 (linear`feet) Impact4 Buffers —Zone 1, 0 (square feet) 2,586.4,1 (square feet) Impact 1 I Buffers, —Zone 2 0 (squareleet) 5,151:83 (square feet). Impact 1 Buffers — Zone 1_ 614.96 (square feet)- 4,437.40 (square feet) Impact 2 Buffers— Zone 2 1,54165 .(square feet) 5,390.02 (square feet) Impact 2 Buffers —Zone 1, 0' (square feet) 2,049.01 (square feet) Impact '3 Buffers — Zone 2 0 (square feet) 2,969.30 (square feet), Impact 3 Buffers —Zone 1 2,578.82 (square feet) 6,034.57 (square feet) Impact4 Buffers, —Zone 2 1,070.22 '(square'feet) 6,060.9`1 (square feet,) Impact 4, _ z 2. Mitigation You have agreed to,provide riparian buffermitigation by,payment into EBX's Neuse Riparian ,Buffer Umbrella Mitigation Bank"Forrest Creek Riparian Buffer Mitigation, Bank, and /or Upper Neuse Riparian Buffer Umbrella Barik. A'total of 9 ,'582,square feet of riparian buffer mitigation is required for impacting, 3,193.78 square- feetof riparian buffer'as a result of °this project. Until EBX receives and clears your cheek, impacts specifi'ed'in this Buffer Authorization shall, not occur. You have 60 days from the date of this approval to make this payment. Payment to EBX will be made to meet the followingcompensatory mitigation requirement: Mitigation Provider Type of Impact_ Compensatory Mitigation River and Sub- basin Number EBX Buffer 9,582 (square feet) Neuse /03020201 Rerftspital SeWee Upgrade, D W R# 14, -0790 40.1 A_ ND BUFFER A?PRbvAL Page 3 of 4 3. No Waste, - Spoil, Solids, or Fill of'.Any Kind No waste, - spoil, solids, 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 t_hat,no violationsoof state water.quality standards, statutes, or rules,occur. ' 4. Protective Fencing The outside buffer, wetland or'water boundary,and along the, construction corridor within these boundaries approved undIerthis authorization shall be clearly marked with, bran ge warning fencing (orlsimilar high visibility mateeial),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. 5. 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 t_h&Certification and Buffer Authorization. If you change_ your,project, you.,must notify the Division and you may be required to submit anew application package with the approp'eiate fee. Ifthe property,is sold, the new owner must belgiven a copy,of this approval letter and' General Certification and is responsible for comp,lying,with al[ conditions. 6. 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 known as�OAH). A petition form may be obtained from'the OAH at http : / /,wWw:ncoah.tom /'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 be faxed 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,for the ,OAH: If sending by First, Class Mail If sending via delivery service via the US Postal Service; (e.g. UPS, FedEx): O,ffi'ce ,of Adrninistrative, Hearings 6714,M`ail Service Center, Raleigh, NC 27699 -6714 Rex Hospital Sewer Upgrade DWR# 14'0790 401_ _AND BUFFER APPROVAL, Page 4 of ^4 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: Yf sending by'First Class'Maif If sending via deliveryservice via the US Postal Service: ('e.g., UPS, FedEx) Karen Higgins Karen Higgins, ,NC DENR- DWR—Webscape Unit NC DENR=DWR = Webscapei Unit 1617 Mail,Service Center 5'12;-N. Salisbury Street Raleigh, NC.276954617 Raleigh, NC 2,7604 This letter completes the review•of.the Division under section401,ofthe Clean Water Act and the Neuse Riparian Buffer Rules,as described in 15A NCAC:02B,.0233,. Please, tbritact Cherr;i Smith�at 919 - 791 - 425x1 or cherri.smith.(@ncdenr.gov if you have anyquestions, or concerns. Since ly,, •• �!.�� i u Danny,Smifh Supervisor, Water Quality'Regiona'I Operations Section Enclosure: GC3884 Cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade' Drive, St. 105;'Wake Forest, ,NC 27597 Jason ,Hartshorn; Kimley =Horn and Associates, 3001 Weston Parkway, Cary, NC 27513 DWR RRO 401 Files