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