Loading...
HomeMy WebLinkAbout20130798 Ver 2_Approval Letter_20180326WaterResources ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN Secretory LINDA CULPEPPER interim Director March 26, 2018 DWR # 13-0798 v2 Wake County City of Raleigh .Engineer"ing Stormwater Services Attn: Richard Kelly P.O. Box 590 .! Raleigh, NC 27602 i Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH'ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN, RIPARIAN BUFFER PROTECTION RULES (15A NCAC 026 .0233) WITH ADDITIONAL CONDITIONS Lower Longview Lake Dam Rehabilitation Dear MrAelly: You have'our approval for the impacts listed below for the purpose described, in your . application dated February 13, 2108 and',received by the Division of Water Resources (Division) on February 13, 2018. These impacts,are, covered'b.y 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 itis 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, in.ciudin''those required by (but not limited to) -Sediment and Erosion Control, Non -Discharge; and Water Supply Watershed regulations. This 401 Water Quality Certification and Authorization Certificate for DWR #13-0798.x2 replaces the 401 Water Quality Certification and,Auth®ri'zation Certificate for DWR #13-0798 v1 dated August 3, 2013. . 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 0213.0506(b)(c) and 15A NCAC 02B .0233(8)] Division of e'a'ter Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/webr`ivglaps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 I_.ocation: 3800 Barrett Drive,'Raleigh, NC 27609 Fax: (919) 788-7159 Lower Longview Lake Dam Rehabilitation DWR #13-0798 v2 401 AND BUFFER APPROVAL Page 2 of 5 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland W1 -Stilling Basin/Rip rap 0 .0 25 (acres) 0 (acres) W2-Clearing/Temp. Cofferdam 0.018 (acres) 0 (acres) Stream S1 -Outlet pipe 58 (linear feet) 0 (linear feet) S2 -Temp. Check dam . 0 (linear feet) 10 (linear feet) Open Waters 01 -Excavation 0 (acres) 1.32 (acres) , 02 -Cofferdam 0 (acres) 0.29 (acres) 03 -,Cofferdam 0 (acres) 0.09 (acres). . 04 -Riser 0.22 (acres) 0 (acres) . 05 -Riser 0.18'(acres) 0 (acres) Buffers-Zorie 1 131 -Clearing & grading for dam embankment and road repair 0 (square feet) 3,460 (square feet) 132- Clearing & grading for dam embankment and, road repair 0 (square feet) 9,480 (square feet) 133 -Construction Access -Clearing 0 (square feet) 1,105 (square feet) 134 -Construction Access to stream,& sewer 0 (square feet) _ 985 (square feet)' - B4 -Concrete casing on sewer,line 420 (square feet) 0 (square feet) 135 -Concrete toe wall on left bank 450 (square feet) 0 (square feet) B5 -Outlet Stilling basin & rip rap 80 (square feet) 0 (square feet) B5-Grading/Embankment 0 (square feet) 5,240 (square feet) Buffers -Zone 2 132- Clearing & grading for dam embankment and road repair 0 (square feet) 1,470 (square feet); 135-0utlet Stilling basin & rip rap 490 (square feet) 0 (square feet) - B5 -Downstream Cofferdam 0 (square feet) 280 (square feet) B5 -Grading -Downstream Embankment 0 (square feet) 3,060 (squa4feet) Lower Longview Lake Dam Rehabilitation DWR #13-0798 v2 401 AND BUFFER APPROVAL Page 3 of 5 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 impactsdepicted 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 sold, the neve 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.ricoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000_ for' information. Within sixty (60) calendar days of receipt of this notice, appetition must be filed with the OAH. A petition isconsidered 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 via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Lower Longview Lake Dam Rehabilitation DWR #13-0798 v2 401 AND BUFFER APPROVAL Page 4 of 5 If sending via delivery service (e.g. UPS, 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 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. S i n ce'rely, Danny Smi Supervisor, Water Quality Regional Operations Section Lower Longview Lake Dam Rehabilitation DWR #13-0798 v2 401 AND BUFFER APPROVAL Page 5 of 5 Enclosure: GC 4132 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 Gerald Pottern via e-mail at geraldmogmit.com