HomeMy WebLinkAbout20160670 Ver 2_Approval Letter_20180501�i
Water Resources
ENVIRONMENTAL QUALITY
May 1, 2018
YMCA of Raleigh, Inc.
Attn: Mr. Tim Carr
801 Corporate Center Drive
Raleigh, NC 27607
ROY COOPER
Garernor
MICHAEL S. REGAN
Se. era, I•
LINDA CULPEPPER
[are., An Doecror
DWR # 16-0670v2
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 02B.0233) WITH ADDITIONAL CONDITIONS
Poole Family YMCA (Garner) — Greenway Modification
Dear Mr. Carr:
You have our approval for the impacts listed below for the purpose described in your application dated
March 21, 2018, received by the Division of Water Resources (Division) March 22, 2018. This
Authorization Certificate for DWR # 16-0670 v2 is in addition to the Authorization Certificate for DWR
#16-0670 issued July 20, 2016 and allows for modification to greenway crossing impacts. These
additional impacts are covered by the attached Water Quality General Certification Number 4139 and
the Neuse River Basin Riparian Buffer Rules and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number 39 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.
The original conditions provided in DWR #16-0670 still apply. In addition, this approval requires you to
follow the conditions listed in the enclosed certification(s) or general permit 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 are met. No other impacts are approved, including incidental
impacts:
Type of Impact (Original
Impact Number)
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Wetland
Greenway Trail Fill (Impact
#8)
0.060 (acres)
0 (acres)
Excavation (Impact #8)
0.009 (acres)
0 (acres)
Slate of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh. North Carolina 27699-1617
919 807 6300
Poole Family YMCA (Garner) —Greenway Modification
DWR# 16-0670v2
Page 2 of 3
Type of Impact (Original
Impact Number)
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Fill
18 (linear feet)
0 (linear feet)
Buffers—Zone 1
Greenway (Impact #1)
98 (square feet)
0 (square feet)
Greenway (Impact #6)
2,252 (square feet)
0 (square feet)
Buffers —Zone 2
Greenway (Impact #1)
1,874 (square feet)
0 (square feet)
Greenway (Impact #6)
2,320 (square feet)
0 (square feet)
2. 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 15A NCAC 02H.0507 (c)]
3. 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)]
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. 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(s)/Permit/Authorization and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
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. 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:OOam and S:OOpm, 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.
Poole Family YMCA (Garner) — Greenway Modification
DWR# 16-0670v2
Page 3 of 3
Mailing address for the OAH:
lfsending via US Postal Service: lfsending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 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
This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse
River Basin Riparian Buffer Rules. Please contact Paul Wojoski at 919-807-6364 or
Paul.Woioskipncdenr.gov or me at Karen. HlgglnS(cDncdenr.go if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4139
cc: Rodney Dickerson, Town Manager, Garner (via email)
Jennifer Burdette, McAdams Company (via email)
USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch file
Filename: 16067ov2PooleFinailyYMCAGreenwayMod_( Wake)_401_GC_NBR