HomeMy WebLinkAbout20181286 Ver 1_Approval Letter_20180926NORTH CAROLINA
ROY COOPER Environmental Quality
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
lrtterfm Director
September 26, 2018
D W R # 20181286
Wake County
City of Raleigh
Attn: Mr. Todd Rall, Stormwater Management
127 West Hargett St
Raleigh NC 27601
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
APPROVAL of NEUSE RIVER RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Dorothea Drive Drainage Improvements
Dear Mr. Rall:
You have our approval for the impacts listed below for the purpose described in your application dated
February 16, 2018, received by the Division of Water Resources (Division) September 18, 2018, with
payment received on September 19, 2018. These impacts are covered by the attached Water Quality
General Certification Number 4132 and the conditions listed below. This certification is associated with
the use of Nationwide Permit Number 3 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(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. [15A NCAC 02H .0506(b) and/or (c)] and 15A NCAC 02B .0233(8)]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Dorothea Dix Drainage Improvements
DW R Project #20181286
Page 2 of 3
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
UT to Rocky Branch
21 (linear feet)
30 (linear feet)
Buffers—Zone 1
Upstream stabilization
384 (square feet)
0 (square feet)
Downstream stabilization
150 (square feet)
0 (square feet)
Construction entrance
0 (square feet)
131 (square feet)
Buffers — Zone 2
Construction entrance
1 0 (square feet)
589 (square feet)
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)]
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 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.
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.comL 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 8:00am 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.
Dorothea Dix Drainage Improvements
DWR Project #20181286
Page 3 of 3
Mailing address for the OAH:
If sending via US Postal Service: If sending 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 DEQ:
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 Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Sue Homewood at 336-
776-9693 or sue.homewood)nedenngov if you have any questions or concerns.
Sincerely,
' 1, ,, 14
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4132
cc: Marc Horstman, WK Dickson & Co. Inc (via email)
Tasha McCormick, USACE Raleigh Regulatory Field Office (via email)
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit file
Filename: 181286 Dorothea DixDrainagelmprovements(Wake)_401_GC_N BR