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HomeMy WebLinkAbout20141250 Ver 2_Application Returned_20180327ROY COOPER Governor 4 .Ka MICHAEL S. REGAN Secretory r� LINDA CULPEPPER Water Resources Guerin: Director ENVIRONMENTAL QUALITY March 27, 2018 DWR # 14-1250 v2 Wake County City of Raleigh Engineering Services Dept. Attn: Richard Kelly PO Box 590 Raleigh, NC -27601 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER.THE NFUSE RIVER BASIN RIPARIAWBUFFER . PROTECTION RULES (15A NCAC 0213 .0233) WITH ADDITIONAL CONDITIONS West Drewry Lane. Culvert Replacement and Stream Bank Stabilization Project Dear Mr.. Kelly:, You have our approval for the impacts listed below for the purpose described in your _ application--dated-February 2, 2018 -and received by the Division of Water Resources (Division) on February 15, 2018 with additional information received on March 26, 2018. These impacts are covered by the attached Water Quality General Certification Number 4132 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 and Authorization Certificate for.DWR #14-1250 v2 replaces the 401 Water Quality Certification and Authorization Certificate for ®WR;#14-1250 v1 dated January 5, 2015. This approval requires you'to follow the,conditions listed in the enclosed certification and the following additional.conditions: ; 1. The following impacts, are kler,eby approved provided that all, of the other specific and general conditions of the•Urtifieation and Buffer Rulesrare met. No other impacts are approved, including incidentall impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B .0233(8)] L�. i , Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.Dcdenr.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 West Drewry Lane Culvert Replacement & Streambank Stabilization Project DWR #14-1250 v2 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1 -Stabilization 141 (linear feet) 0 (linear feet) S2 -Stabilization 48 (linear feet), 0 (linear feet) . S3 -Culvert • 12 (linear feet) 0 (linear feet) Buffers -Zone -1 . 131-Streambank Stabilization 2,077'(square feet) 0 (square feet) 132 -Vegetation Management 50 (square feet) 0 (square feet) , 133 -Temporary Road 0,'(squ;are feet) 1,582 (square feet) Buffers -Zone 2 133 -Temporary Road Oi(squ,'are feet) 216 (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, water -s; or riparian areas beyond the footprint of the impacts depicted in the,Pre-Construction Notification. All construction activities, including the design;;Jn;stalla'tion, operation, and maintenance of {. sediment and erosion control Best ManagerneSnti F,iactices, shall be performed so that no violations of state water quality standards,! sta;tu,t6 ; or rules occur. [15A NCAC 02H .0501 and'.0502] 3. Protective Fencing The outside buffer, wetland or water boun�dary''an'd'along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing or similar hi h visibilit mlat�eia;l);for the areas that have been approved to infringe within the buffer, wetland or water,;prior to any, land disturbing activities to, ensure i,,i ,,-,i.: 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 new owner, must•be given a copy;of th',is'approval letter and General Certification and is responsible for complying with all condi'ti`ons. [15A NCAC 02B .0507(d)(2)] 5: This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] . I West Drewry Lane Culvert Replacement & Streambank Stabilization Project DWR #14-1250 v2 401 AND BUFFER APPROVAL Page 3 of 4 This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 1506. by filing a written. petition .for an administrative hearing to the -Office of Administrative'Hearirigs (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 sixty (60) calendar days of receipt of this notice, a petition must be filed With the OAH'. A petition is corisidered'filed when the original and on�e;(1) cop y'alongwith, any applicable OAH filing;fee is received in the OAH during norm'al'office hours, (Monday through, ; Friday between 8:00am and 5:00pm, excluding official state holidays): 4: The petition may be faxed to the OAH at (919) 431-3100,;prowided the originai,'and one'copy of the petition along with any applicable OAH filing fee is receiv ld.by the OAH 'within;:five (5)! g;l, business days�following the faxed transmission. Mailing. address forth'e'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 ofAdministrative Hearings 6714 Mail Service Center 1711 New Hope'Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 Ii 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 West Drewry Lane Culvert Replacement & Streambank Stabilization Project DWR #14-1250 v2 401 AND BUFFER APPROVAL Page 4 of 4 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. Sin ly, 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 27597 DWR RRO 401 file DWR 401 & Buffer Permitting Unit via Laserfiche Mo Pacini via e-mail at mo.DaciniParcadis.com