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