HomeMy WebLinkAbout20180311 Ver 1_Approval Letter_20180419Water. Resources
ENVIRONMENTAL QUALITY
April 19, 2018,
Town of Morrisville
Attn: Joshua Baird
260-B Town Hall Drive
Morrisville, NC.27560
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER "
Interim Director
DW R. #18-0311
Wake,County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL'CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 029 .0233) WITH ADDITIONAL CONDITIONS
Morrisville Aquatics and Fitness Center Stream Enhancement
Dear Mr. Baird:
You have our approval for the impacts listed below for the purpose described in your
application 'recei.ved'by the Division of Water Resources.(Division) on March 5, 2018. and with
.payment received on March 6. 2018 with additional information received on April 17; 2018.
These impacts are covered by the attached Water CQuality General Certification Number 4134
an&the conditions listed below. This certification is associated with the use of"Nationwide
Permit Number 27 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 localpermits 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 incidental impacts. ,[15A-NCAC 02'B :0506(b)(c) and 15A NCAC 026
.0233(8)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncddnr.org/web/wqlaps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200
Location: 3800 Barrett Drive, Raleigh; NC 27609 Fax: (919) 788-7159
Morrisville Aquatics and Fitness Center Stream Enhancement
DWR #18-0311
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1 -Bank Stabilization
345 (linear feet)
0 (linear feet)
Buffers — Zone 1
131 -Stabilization
12,088 (square feet)
0 (square feet)
B2 -Stabilization
4,798 (square feet)
0 (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, 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 Managern,ent 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 water1pri'or 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 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)]
5. 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
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 maybe obtained from the
OAH at,http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for
information.
Morrisville Aquatics and Fitness Center Stream Enhancement
DWR #18-0311
401 AND BUFFER APPROVAL
.Page 3 of 4
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).
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 DEQ:
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 If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins
NC DWR — 401 & Buffer Permitting NC DWR — 401 & Buffer Permitting
Branch Branch
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
Morrisville Aquatics and Fitness Center Stream Enhancement
DWR #18-0311
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 Riparian Buffer 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.
Sincerely,
40 1/10 *Ifer
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4134
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit
Greg Jennings via e-mail at greg ienningsenv.com