HomeMy WebLinkAbout20140817 Ver 1_Approval Letter_20140822r
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North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
August 22, 2014
DW.R #. 14 -0817
Wake ,County
Town of `Holly,,Springs
Attn: Charles•Simmons, Town Manager
P.O. Box 8
Holly Springs, NC 27540
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
Grigsby Sidewalk Phase 2
Dear Mr. Simmons:
Yowhave our approval for the impacts listed below�for the purpose,described in your application
dated July 30, 2014 and received by the Division of Water Resources (Division) onAugust 1, 2014.
These impacts are covered by the attached Water Quality General Certification Number 3886 and
the conditions listed below. This, certification is associated with the use of Nationwide Permit
Number 14 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 (butrnot 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.
O e Carol
)Vatura!
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919)791-4200. Customer Service
Internet - www ncwaterquality org • Location 3800 Barrett Dave Raleigh, NC 27609 . Fax (919) 788 -7159 1= 877 - 623 -6748
An Equal OpportunitylAffirmafive Acton Employer— 50% Recycled110 %,Post Consumer Paper
Grigsby Sidewalk Phase 2
DWR# 14 -0817
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
12 (linear feet)
7 (linear feet)
Buffers — Zone 1
0 (square feet)
42 (square feet)
Buffers — Zone 2
260 (square feet)
195 (square feet)
2. Diffuse Flow
All stormwater shall be directed and maintained as diffuse flow at non - erosive velocities
through the protected stream buffers such that it will not re- concentrate before discharging
into a stream.
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 that no
violations of 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 under this authorization shall be clearly 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.
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,
the new owner must be given a copy of this approval letter and General Certification and is
responsible for complying with all 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.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
vi
brigs
. y,SidewalkaPhase,Z
•,DW R #14 -0817
401 AND, BUFFER APPROVAL
Page 1&4
'Within 'thirty (30) calendar daysof receipt ofthis notice, a petition must be• filed',witKilie,OAH: A
,petition is•considered fifed,When the, original and one (1) copy'alongwith any a,pplicab'le OAH filing
fee is received in the,OAH during,nor,mal office hours ,(Mond ayt�hrough Friday between 8:00am.
and 5:00pm, excluding official statelholidays).
The, petition may be°faxed to�the OAH at (919)431 =3100, prov,ided-th'e original' and `one copy'of the
petition along with any applicable OAH fili'ng,fee is received by the OAH withiwfive�(5) business
days;follo,Wingthe faxed transmission,
Mailing addressfor"the,00:
if sending ,by Firsf, Class Mail
via, the US Postal ,Service:-
Office of Administrative Hearings
6714 Mail'Service, Center •
Raleigh;'NC 27699,6714
Jf sending via delivery service
(e;g., UPS, FedEx):
.Office of Administrative Hearings
1711,NewHope,Church Roadi
Raleigh, ,NC27609 -6285
One,('1) copy 6f'the,petition must also be,served'Ao DENR:
Lacy `P,resnell, General Counsel
Department of Environment and; Natural Resources
1601 Mail'S,ervice Center -
Raleigh, �NC 27699 4601
Please 5end.one,(1) copy of the petition to'DWR:
If sending by,First Class Mail
via the US- Postal;Seiyice:
Karen Higgins;
NC- DEN. R -DWR— Webscape Unit
1617 Mail Service Center
'Raleigh, ;NC =27699 -1617
If sending via delivery�service
(e.g. ,t)PS,1FedEx).-
Karen+ Higgins
NC DENR'- DWR,,W6bscap-e Unit
512 N.•Sali'sbur - -y Street.
Raleigh,'NC 27604,
This letter completes the review of the Division under section 401 of the Clean W.ater,Act-and the
Neuse'Riparian BufferiRUles as described in 15A N,CAC10213 .0233 . PI'ease contact Cherri Smith at
919 - 791- 4251,or cherri:smith @ncdenr..gov'if you have,any questions�or,concerns.
Grigsby Sidewalk Phase 2
D W R# 14 -0817
401 AND BUFFER APPROVAL
Page 4 of 4
Sin erely,
p�919 r� �
Danny Smi
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3886
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
Aaron Levitt; Town of Holly Springs; P.O. Box 8; Holly Springs, NC 27540
DWR RRO 401 Files