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HomeMy WebLinkAbout20160211 Ver 2_Approval Letter_20170328141utel Resource's k, NV I R 0 N M F, N I A 1 0 Id A ( I Y Wake County Facilities Design and Construction Attn: Mark Forestieri 336 Fayetteville Street Raleigh, NC 27601 ROY ('001TR NUCHAF] SREGAN S, JA't' /IMNILRMAN DWR # 16-0211 v2 Wake County CONDITIONS AUTHORIZATION CERTIFICATE PER THE NESUE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (ISA NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Turnipseed Nature Preserve Dear Mr. Forestieri: You have our approval for the impacts listed below for the purpose described in your application dated February 28, 2017, received by the Division of Water Resources (Division) on March 3, 2017. This Certification replaces the Certification issued to you on April 8, 2016. These impacts are covered by the attached Water Quality General Certification Number 4092 and 4094, and the conditions listed below, This certification is associated with the use of Nationwide Permit Numbers 33 and 42 once they are 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 (but not 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 (s) or general permit and the following additional conditions: L general conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts, [15A NCAC 02H .0506(c) and 15A NCAC 02B .0233(8)] State of North Carolina I Environmenial Quality � Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 9198076300 Turnipseed Nature Preserve DWR# 16-0211 v2 Page 2 of Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary 404/401 'VUIiTLANdS_._...._ _.....w___.._...._.____... _ �....�_.____. Wetland 0.05 (acres) 0.033 (acres) Buffers Bridge A —Zone 1 388 (square feet) 2,376 (square feet) Bridge A — Zone 2 246 (square feet) 1,180 (square feet)_ Bridge B — Zone 1--� 3,003 (square feet)- 2,392 (square feet) Bridge B — Zone 2 735 (square feet) _ 2,340 (square feet) -- Total 4,372 (square feet) 8,288 (square feet) 2. 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. 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 Certifications)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3, Because the stormwater management plan approved by Wake County is being used to meet diffuse flow requirements on this project, you are required to obtain a stormwater management plan (SNIP) approval letter from Wake County before any impacts authorized in this Certification occur. After it is approved, the SMP may not be modified without prior written authorization from Wake County. [15A NCAC 02B .0233(5)1 4. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (e.g. orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed, [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty ( 0) calendar days. A petition form may be obtained from the OAH at hlIpjLAwy�. ri,�oahcorn I or by calling the OAH • « • 011 for information.k petition « «- ^• 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 8:00arn and 5:00pm, excluding official state holidays). Turnipseed Nature Preserve DWR# 16-0211 Q Page 3 of 3 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, - if sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 FedEx, Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 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 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact me at karen.higgins ncdenr.gov if you have any questions or concerns, Sincerely, Karen Higgins, Supervis or 401 & Buffer Permitting Branch = roT4WJM-4EMffC-TdEA BOEHM cc (w/out enclosures): Becky Ward, Ward Consulting Engineers, P.C.; 4805 Green Road, Ste. 100; Raleigh, NC 27616-2848 USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch file Filename: 160 21 Iv2Tu rn i pseed Natu reP reserve (Wa ke)_401—G C—N B R