HomeMy WebLinkAbout20180161 Ver 1_Approval Letter_20180309Water Resources
ENVIRONMENTAL QUALITY
March 9; 2018
City of Raleigh
Attn: Gilles Bellot
P.O. Box 590
Raleigh, NC.27602
ROY COOP -ER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPP'ER
Interim Director
DWR #18-0161
Wake County
Subject: APPROVAL, OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Durant Nature Park Lower Dam Repairs
Dear Mr. Bellot:
You have'our approval for the impacts listed below for the purpose described in your application
dated November 21, 2.018 and received by the Division of Water Resources (Division) on January
31, 2018. These impacts are .covered by the attached Water Quality General Certification
Number 4132,and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 3 once it is issued tolyou 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 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 are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount
Approved (units),
Permanent
Amount
Approved (units)
Temporary
.Stream
S1 -Stabilization ...
0, (linear feet)
48 (linear,feet)
52 -Stabilization
85 (linear feet)
1 0�(Linear feet)
Open Waters
01 -Fill: Camp Durant Nature Park Lake No. 1
0.096 (acres)
0 (acres)
02-Drainage;'Cahip Durant Nature Park Lake No: 1
0 (acres)
12.695 (acres)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section
1628 Mail Service Center, Raleigh; NC 27699-1628
Location: MOO Barrett Drive, Raleigh, NC 27609
http://poi-tal.ncdenr.org/web/wq./aps
Phone: (919) 791-4200
Fax: (919) 788-7159
Durant Nature Park Lower Dam Repairs
DWR #18-0161
401 APPROVAL
Page 2 of 3
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,, shallbe 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 'authorizatio•n shall be clearly.marked with orange
warning
fencing (or similar high visibility,materia;l),fnr 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. [15Q 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 yourapplication. The plans and
specifications for this project are incorporated'b'y'reference as part of the Certification. If you
change your project, you must notify the'�•Divis'on and you maybe required to submit a new
application package'with the appropriate406.!Af;the'property is sold, the new owner must be
given a copy of this' approval letter and Gonorall'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]
i;�'
,, i.
This Certification can be contested as provided in ,Aeticle.s 3 and 4 of General Statute 150B b
filing a written petition for an administrative:h'eari'ng to the Office of Administrative Hearings
(hereby known as OAH). A petition form maybe obtained from the OAH at
http://www.ncoah.cbm/ or by calling the OAH':'Clerk's Office at (919) 431-3000 for information.
Within'sixty (60) 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).
ii
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 iMail-sending.via delivery service
via the US -Postal Service: .;'(e.g. UP. ,Fed&)
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Durant Nature Park Lower Dam Repairs
DWR #18-0161
401 APPROVAL
Page 3 of'3
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 2760976285
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. Please
contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any
questions or concerns.
Sincerely,
T'(�f
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4132
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive,
Ste. 105; Wake Forest, NC 2759,7
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Rick Atkinson via e-mail at ratki"nson@res.com