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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