HomeMy WebLinkAbout20180374 Ver 1_Approval Letter_20180731Water Resources T
Eneimmnental Quality
July 31, 2018
Jason K. Marbrey
3115 Redwood Road
Durham, NC 27704
Betty J. Jackson
3227 Redwood Road
Durham, NC 27704
ROY COOPER
Goventor
MICHAEL S. REGAN
secretary
LINDA CULPEPPER
Inloint Director
DWR #18-0374
Durham 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
UT to Falls Lake Restoration — Marbrey/Jackson Property
Dear Mr. Marbrey / Ms. Jackson:
You have our approval for the impacts listed below for the purpose described in your application dated March 12,
2018 and received by the Division of Water Resources (Division) on March 27, 2018, with additional information
received June 18, 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)]
�_�Nothing Compares:- ,..
State of North Carolina I Environmental Quality I Water Resources I Raleigh Regional Office
1628 Mail service Center I Raleigh, North Carolina 27699-1628
91979IA200
UT to Falls Lake Restoration — Marbrey/Jackson Property
DWR #18-0374
401 Approval & Buffer Authorization
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Stream
S1 -Stream Restoration
1,588 (linear feet)
0 (linear feet)
S2 -Stream Restoration
1,524 (linear feet)
0 (linear feet)
S3 -Stream Restoration
216 (linear feet)
0 (linear feet)
S4 -Stream Restoration
132 (linear feet)
0 (linear feet)
S5 -Stream Restoration
264 (linear feet)
0 (linear feet)
S6 -Stream Restoration
247 (linear feet)
0 (linear feet)
S7 -Stream Restoration
111 (linear feet)
0 (linear feet)
Buffers — Zone 1
B 1 -Stream Restoration
92,307 (square feet)
0 (square feet)
B2 -Stream Restoration
87,298 (square feet)
0 (square feet)
B3 -Stream Restoration
13,847 (square feet)
0 (square feet)
B4 -Stream Restoration
2,910 (square feet)
0 (square feet)
B5 -Stream Restoration
11,817 (square feet)
0 (square feet)
B6 -Stream Restoration
8,498 (square feet)
0 (square feet)
B7 -Stream Restoration
725 (square feet)
0 (square feet)
Buffers — Zone 2
B1 -Stream Restoration
61,303 (square feet)
0 (square feet)
B2 -Stream Restoration
55,062 (square feet)
0 (square feet)
B3 -Stream Restoration
10,497 (square feet)
0 (square feet)
B4 -Stream Restoration
2,014 (square feet)
0 (square feet)
B5 -Stream Restoration
7,072 (square feet)
0 (square feet)
B6 -Stream Restoration
4,080 (square feet)
0 (square feet)
B7 -Stream Restoration
1,677(square feet)
0 (square feet)
Wetlands
W 1 -Stream Restoration
0.176 (acres)
0 (acres)
W2 -Stream Restoration
0.031 (acres)
0 (acres)
W3 -Stream Restoration
0.035 (acres)
0 (acres)
2. No Waste, Spoil, Solids, or Fill of AU 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]
3. The permittee shall report to the Raleigh Regional Office any noncompliance with this certification, any
violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall
be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the
applicant became aware of the circumstances. A written submission shall also be provided within 5 business
UT to Falls Lake Restoration — Marbrey/Jackson Property
DWR #18-0374
401 Approval & Buffer Authorization
Page 3 of 4
days of the time the applicant becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its causes; the period of noncompliance, including exact dates and
times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue;
and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The
Division may waive the written submission requirement on a case-by-case basis.
4. Protective Fencin¢
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)]
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. 143-215.5]
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 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:OOam and 5: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.
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
NC DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
UT to Falls Lake Restoration — Marbrey/Jackson Property
DWR #18-0374
401 Approval & Buffer Authorization
Page 4 of 4
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 Riparian
Buffer Rules as described in 15ANC t 02B .0233. Please contact Jeremiah Dow at 919-791-4248 or
if you h e any questions or concerns.
oincely,
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 file
Eddie Culberson, Durham Soil and Water Conservation District, 721 Foster Street, Durham, NC 27701
Joshua White, Civil and Engineering Consultants, Inc, 250 Old Wilson Bridge Road, Ste. 250,
Worthington, OH 43085