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