HomeMy WebLinkAbout20180252 Ver 1_Approval Letter_20180404Water Resources
ENVIRONMENTAL QUALITY
April 4, 2018.
County of Johnston.
309 E. Market Street
Smithfield, NC 27577
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Interim Director
DWR #.18-0252
Johnston County
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
Drainage Improvement Plan
To Whom It ,May Concern:
You have our approval for the impacts listed below for the purpose. described in your
application dated February 20, 20,18 and received by the Division of Water Resources (Division)
on February 20, 2018 with additional information received on April 4, 2018. These impacts are
covered by the attached Water Quality General Certification Number 4132 the conditions listed
below: This certificationis 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, 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 and Buffer Rules are met. No other impacts are
approved, including incidenta[impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0233(8)1
Type of Impact 1'
i4mount Approved (units)
Permanent
Amount Approved (units) .
Temporary
Stream
j
S1 -Culvert Repair
92 (linear feet)
0 (linear feet)
Buffers -Zone 1
131 -Culvert Repair
id782 (square feet)
2,075 (square feet)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal. nedenr.org/web4q./aps
1628 Mail Service Center, Raleigh, NC'27699-1628 Phone: (919) 791-4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
Drainage Improvement Plan
DWR #18-0252
401 AND BUFFER APPROVAL
Page 2 of 4
2. Diffuse Flow
All stormwater must be directed and maintained as diffuse.flow at n,on-erosive velocities
,through'the protected stream buffers such that'it will not re -concentrate before discharging
into a stream. [15A NCAC 02H .0506(b)(5)]
3. 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, shall be performed, so that no
violations of state water quality standards, statutes, or rules occur. [15A.NCAC 02H .0501
and .0502]
4. 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 1'5ANCAC
02H-.0507 (c)]
5. .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 this approval letter and General Certification
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215:51
This Certification and,'Buffer Authorization can be contested as provided in Articles" 3 and 4 of
Genera'I 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.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 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).
Drainage Improvement Plan
DWR #18-0252
401 AND BUFFER APPROVAL
Page 3 of 4
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
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, INC 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@ icdenr.&ov if you have any
questions or concerns.
Sin r y,
1 1"7 �/
Danny Smi
Supervisor, Water Quality Regional Operations Section
Drainage Improvement Plan
DWR #18-0252
401 AND BUFFER APPROVAL
Page 4 of 4
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
Wyatt Brown via a -mail at brownenvgrp@gmail.com gmail.com