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