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HomeMy WebLinkAbout20140908 Ver 2_401 Application_20170617 ROY COOPER u - Governor MICHAEL S. REGAN Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY . - Director f June 7, 2017 DWR#14-0908 v2 Wake County David Kiker City of Raleigh Stormwater Management 127 West Hargett Street Raleigh, NC 27601 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES(15A NCAC 028.0233)WITH ADDITIONAL CONDITIONS Swann Street Drainage Improvement Project Dear Mr. Kiker: You have our approval for the impacts listed below for the purpose described in your application dated April 3, 2017 and received by the Division of Water Resources (Division) on April 27, 2017. These impacts are covered by the attached Water Quality General Certification Number 4085 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 3 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 (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This 401 Water Quality Certification for DWR#14-0908 v2 does not replace the previous version for DWR#14-0908. 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.and Buffer Rules are met. No other impacts are approved, including incidental impacts. [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.ncdenr.org/Web/wq/aps 1628 Mail Service Center,Raleigh,NC 27699-1628 Phone:(919)791-4200 Location: 3800 Barrett Drive,Raleigh,NC 27609 Fax:(919)788-7159 Swarm Street Drainage Improvement Project DWR#14-0908 v2 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream 51 Stabilization 0 (linear feet) 125 (linear feet) 52 Culvert 13 (linear feet) 0 (linear feet) 52 Relocation 0 (linear feet) 9 (linear feet) 53 Stabilization 0 (linear feet) 80 (linear feet) S4 Culvert 35 (linear feet) 0 (linear feet) S5 Stabilization 0 (linear feet) 91 (linear feet) 56 Culvert 11 (linear feet) 0 (linear feet) 57 Stabilization 0 (linear feet) 112 (linear feet) 58 Bridge 0 (linear feet) 19 (linear feet) 59 Bridge 0 (linear feet) 16 (linear feet) 510 Culvert 27 (linear feet) 0 (linear feet) Buffers—Zone 1 B1-B2 Bank Stabilization 750 (square feet) 0 (square feet) 2. 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. [15A NCAC 02H .0501 and .0502] 3. 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 (c)(2) and 15A NCAC 02H .0507 (c)] 4. 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 Swann Street Drainage Improvement Project DWR#14-0908 v2 401 AND BUFFER APPROVAL Page 3 of 4 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)] 5. 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 http://www.ncoah.com/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): 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 One (1) copy of the petition must also be served to DENR: Sam Hayes, 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: If sending by First Class Mail If sending via delivery service via the US Postal Service: (e.g. UPS, FedEx): Karen Higgins Karen Higgins Swann Street Drainage Improvement Project DWR#14-0908 v2 401 AND BUFFER APPROVAL Page 4 of 4 NC DENR-DWR-401 & Buffer NC DENR-DWR-401 & Buffer Permitting Unit Permitting Unit 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1617 Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer 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 cerely, /7.0/ Danny Smith Supervisor, Water Quality Regional Operations Section Enclosure: GC 4085 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr., Ste. 105; Wake Forest, NC 27597 DWR RRO 401/Riparian Buffer file Marc Horstman, WK Dickson & Co, Inc, 720 Corporate Center Drive, Raleigh, NC 27607