Loading...
HomeMy WebLinkAbout20180379 Ver 1_Approval Letter_20180514May '14, 2018 DWR #18-0379 Wilson County City of Wilson Attn: Noah .Parsons , 1800 Herring Avenue Wilson, NC 27894 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER .PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Fieldstream Drive-Stream/Buffer Improvements (Toisnot Swamp) Dear Mr. Parsons: You have our approval for the impacts listed -below for the purpose described in your application. received by the Division of Water Resources (Division) on March 14,,2018 with payment received on April 23, 2018 and additional information received on May 9, 2018. These impacts are covered by the attached Water; Quality General Certification Number 4134 and 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 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.incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B .0233(8)] , Division of Water Resources, Raleigh Regional Office, Nater Quality Operations Section http:%/portal.ncdetir.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 Fieldstream Drive-Stream/Buffer Improvements (Toisnot Swamp) DWR #18-0379 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1 -Bank Stabilization 1,300 (linear feet) 0 (linear feet) Buffers — Zone 1 131 -Bank Stabilization- Buffer Restoration 39,000'(square feet) 0 -(square feet) 2. Diffuse Flow All stormwater must be directed and maintained as diffuse flow at non-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] i 4.. Protective Fencing The outside buffer, wetland or water bouridaryjand along the construction corridor within these boundaries approved under this authorizkion.shall be clearly marked with orange warning fencing (or similar. high visibility rnaterial):for the areas that have been approved to infringe within the buffer, wetland or water,priorjb any land disturbing'activities to ensure compliance with 15 NCAC 02H,.0500. [15ANCACO2H,.0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] ;,",;; 5. This approval is for the purpose and design 'describ:ed 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;isI 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. 143-215.5] This Certification and Buffer Authorization can be;co"n''tested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition'for an administrative hearing to the Office of Fieldstream Drive-Stream/Buffer Improvements (Toisnot Swamp) DWR #18-0379 401 AND BUFFER APPROVAL Page 3 of 4 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 8:00'am 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 withi9.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, 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 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins. NC DWR — 401 & Buffer Permitting Branch NC DWR — 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 512 N. Salisbury Street Raleigh, NC 27604 Fieldstream Drive-Stream/Buffer Improvements (Toisnot Swamp) DWR #18-0379 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.go�s(@ncdenr.gov if you have any questions or concerns. Si cerel 'aq /�4 Danny Smit 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 file via Laserfiche