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HomeMy WebLinkAbout20090136 Ver 10_05c_Dunn Creek Greenway Phase III 401 Approval 20180126_20230825ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER_ WaterResources Interim Director ENVIRONMENTAL QUALITY - January 26, 2018. 'DWR # 09-0136 v7 Wake County Town of Wake Forest Attn:, Holly Miller, P.E. 301 S. Brooks Street Wake Forest' NC 27587: i Subject: APPROVAL OF;401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION'CERTI01CATE PER,THE NEUSE,RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0233) WITH'ADDITIONAL CONDITIONS Dunn Creek Qreenway-Phase III Dear Ms. Miller: You have our approval for, the impacts,listed below for the purpose described in your . application dated December19, 2017 and received ;bythe Division -of Water Resources (Division) on December 21; 2017. These impactsLLare covered by the attached Water Quality General Certification Number 41,35 and the conditions listed below. This certification is associated with the use of -Nationwide Permit Number 14 once it is issued to you by U-.S: Army Corps of Engineers. Please note that you should get any, other federal, state or local ;�j permits before proceeding with your pro' ject, 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'iconditionls listed in the enclosed certification and th'e -following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Buffer Rules are met. No other impacts•are approved, including incident'! I iimpacts: [15A NCAC 02B :0506(b)(c) and 15A NCAC 02B .0233(8)] . Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section ' http://portal.nedenr.org/webi'wgl/aps 162$ Mail Service Center, Raleigh, NC 27699-1628 I Phone: (919) 791-4200 Location:' 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Dunn Creek Greenway-Phase III DWR #09-0136 v7 401 AND BUFFER APPROVAL Page 2 of 5 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1-Rip Rap Stabilization 53.17 (linear feet) 0 (linear feet) S1-Culvert. Extension 1.37 (linear feet) 0 (linear feet) S1-Construction Access 0 (linear feet) ' 77.42 (linear feet) S2-Rip Rap Stabilization 67.67 (linear feet) 0 (linear feet) S3-Rip Rap Stabilization 58.04 (Linear feet) 0 (linear feet) S3-Culvert Extension 16A3 (Linear feet) 0 (linear feet) S3-Construction Access 0 (linear feet) 8.96 (linear feet) S4-Rip Rap Stabilization 39,.9,6'(linear feet) 0( linear feet) S4-Culvert 2922 (linear feet) 0 (linear feet) S4-Construction Access O'(linear,„feet) 9.05 (linear feet) S5-Rip Rap Stabilization 55 62�(I,in'ear feet) 0 (linear feet) S5-Culvert 24'.9;1'(li1h',''ear feet) 0-(linear feet) S5-ConstructionAccess 0:(1inearfeet) 5.85(linearfeet) S6-Rip Rap Stabilization 45.96 (linear feet) 0 (linear feet) S6-Culvert 31.51,.(I,inear feet) 0 (linear feet) 56-Construction Access 0 (linear feet) 16.94 (linear feet) S7-Construction Access 0 (line`arjeet) 12.13 (linear feet) S8-Construction Access 0,(linea`rfeet) 6.55 (linear feet) S9-Culvert 50.9,7?`(linear feet) 0 (linear feet) S9-Construction Access 0 (linear feet) 12.43 (linear feet) Buffers -Zone 1 I B1-Greenway/Hiking Trail 469J29 ,(square feet) 750.21 (square feet) 132-Greenway/Hiking Trail 60095 ;(square feet) 756.18 (square feet) B3-Greenway/Hiking Trail 847.88'(square feet) 1258.22 (square feet) B4-Greenway/Hiking Trail 820.,63;(square feet) 1297.84,(square feet) 137-Greenway/Hiking Trail 4042.65 (square feet) 2161.00 (square feet) B8-Greenway/Hiking Trail 2050.03 (square feet) 1166.84 (squ;are feet) 139-Greenway/Hiking Trail 66&69 ',(square feet) 389.60 (square feet) B10-Greenway/Hiking Trail 13702l75 (square feet) . 6332.66 (square feet) 1311-Greenway/Hiking Trail 1036.37 (square feet) 400.04 (square feet) B12-Greenway/Hiking Trail 4414.69 (square feet) 778.43 (square feet) B13-Greenway/Hiking Trail 60.6,1 (square feet) 89.20 (square feet) B14-Greenway/Hiking Trail 2551:06 (square feet) 662.73 (square feet) B15-Greenway/Hiking Trail 12042!45 (square feet) 4128.60 (square feet) B16-Greenway/Hiking Trail 1592.50 (square.feet) 566.59 (square feet) B17-Greenway/Hiking Trail 1148.45 (square feet) 882.40 (square feet) Dunn Creek Greenway-Phase III DWR #09-0136 v7 401 AND BUFFER APPROVAL Page 3 of 5 Type of Impact Amount,Approved (units) Permanent Amount Approved (units) Temporary B18-Greenway/Hiking Trail 5350.05 (square feet,) 2967.27 (square feet) B19-'Greenway/Hiking Trail' 4020.20 (square feet) 1244,04 (sq'uare. feet)- , -Buffers -Zone 2` B1-Greenway/Hiking Trail, 719.12 (square feet) 567.16 (square feet) 1312-Greenway/Hiking Trail" 1613.61 (square feet) 536.96 (square feet) 133-Greenway/Hiking Trail; .,656.95 (square feet) ., 727.54 (square feet) 134-Greenway/Hiking Trail;, '620.28 (square feet) 754.15 (square feet) 135-6ree'nway/,H'ikin9Trail' ��,; ,'4176.39 (square'feet) 402.97,(s'gu"are feet) B6-Greenway/Hiking Trail;: ; '! ' 236.11 (square feet) ' $'56.3'8.(square.feet) B7-Greenway/Hiking Traill' : ° " � 7397.05 (square feet) ' 4208 42,(square-feet) B8-Gree'nNray/Hiking Trail' 3467.10 (square feet) 872'.78 (square feet) B9-Gree'nway/Hiking Trail; 511.01 (square feet) 2'03.72.( 'quare feet) B10-Greenway%Hiking Trail .'` : .„ 13547.17 (square feet) 642`8:47 (square feet) 1311-Greenway/Hiking Trail 1,623,.67.(square feet) 320,1,2?(squa,re.feet) B12-Greenway/Hiking Trail ! ' j,715.95 (square feet) 424.79!(square feet) 1]114-Greenway/HikingTra,il , ,,!.;,!.466.39 (square feet) 130.41�(square feet) . 1315-Greenway/Hiking Trail '' ;; ,; 10013.14 (square feet) 412-1.53 (square feet) B16-Greenway/Hiking Trail i 1135.57 (square feet) 552.06(square feet) B17-Greenway/Hiking Trail :; ; 1540.91 (square feet) 845.71(square feet) 1318-Greenway%Hiking Trail 1„ ;i 5084.93 (square.feet) 2519,59 (square feet) B19-Greenwa /Hikin Trail ; ;,;:, y g !. 1117.34 s ) (quare feet 1815.20 s uare feet (q ) 2. Diffuse Flow ' All stormwater must be directed and maintained as diffuse flow at non -erosive velocities through the protected stream buffers'such that it will not.re-concentratebefor.e discharging into a stream: [15A NCAC 0213.0506(b)(5)] 3. 'No•Waste, Spoil, Solids, or Fill'.of An'y Kind N'o, 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 th:6. esign; installation, operation, and maintenance of sediment and erosion control BesVlVl'ana'gement Practices, 'shall be'performed so.that no violations of state -water quality,stan'd'ar.ds, statutes, or rules occur. [15A NCAC 02H'.0501 and .0502] Dunn Creek Greenway-Phase III DWR #09-0136 v7 401 AND BUFFER APPROVAL Page 4 of 5 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. [15A NCAC 02H .0506 (b)(2) and (0(2) and 15A NCAC 02H .0507 (c)] 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 submita 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. [15A NCAC 02B .0507(d)(2)] 6. This approval and its conditions are final and binding unless contested: [G.S. 143-215.5] 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 hitp://xirww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calehdar days of receipt of this notice, a petition must be filed with the OAH. A petition is -considered filed whenthe 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): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail. Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 Dunn Creek Greenway-Phase III DWR #09-0136 v7 401 AND BUFFER APPROVAL Page 5 of 5 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 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 DWR —401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DWR — 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse River Riparian Buffer Protection Rules as described in 15A NCAC 02B .0233. Please contact Stephanie Goss at 919-791-4256 or stephanie.goss ncdenr.gov if you have any questions or concerns. Si cer ly, Danny Smith/ Supervisor, Water Quality Regional Operations Section Enclosure: GC 4135 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, Ste. 105; Wake Forest, NC 27597 DWR RRO 401 file DWR 401 & Buffer Permitting Unit via Laserfiche Jason Hartshorn via e-mail at Jason. hartshorn@kimlev-horn.com