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Home My WebLink About20120202 Ver 4_Approval Letter_20181205ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER lnrerim Director December 5, 2018 NORTH CAROLINA Environmental Quality DWR #12-0202 v4 Wake County City of Raleigh Attn: David Bender Parks, Recreation and Cultural Resources Department PO Box 590 Raleigh, NC 27602 Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS City of Raleigh Crabtree Creek Greenway Retaining Wall Replacement Dear Mr. Bender: You have our approval for the impacts listed below for the purpose described in your application dated October 11, 2017 and received by the Division of Water Resources (Division) on October 24, 2017. 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 Authorization Certification for DWR 12-0202 v4 replaces the Authorization Certification for 12-0202 v3 dated September 11, 2017. This Authorization Certificate shall expire five (5) years from the date of this letter. This approval requires you to comply with the following conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Buffer Rules are met. No other impacts are approved, including incidental impacts [15A NCAC 02B. 0233(8)]. North Carolina Department of Environmental Quality i Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive! 1628 Mad Service Center Raleigh. North Carol na 27699-1628 010 701 A inn E Q North Carolina Department of Environmental Quality i Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive! 1628 Mad Service Center Raleigh. North Carol na 27699-1628 010 701 A inn City of Raleigh Crabtree Creels Greenway Retaining Wall Replacement DWR #12-0202 v4 BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 B1-RetaInIngwaII-replacement- 1,457 -(square -feet) 0 -(square -feet) Buffers — Zone 2 B1 -Retaining wall replacement 198 (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. The permittee shall report to the Raleigh Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B.02001 including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .02001. 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. 4. 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]. 5. Protective Fencing All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until North Carolina Department of Environmental Quality I Division of water Resources 512 North Salisbury Street 11617 Mad Service Center! Raleigh, North Carolina 27699.1617 010 7n7 onnn City of Raleigh Crabtree Creek Greenway Retaining Wall Replacement DWR #112-0202 0 BUFFER APPROVAL Page 3 of 4 the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 6. 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 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 is responsible for complying with all conditions. 7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 1506 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 8:00am 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. 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: North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street , 1617 Mad Service Center - Raleigh. North Carolina 27699-1617 0to 7n7 onnn City of Raleigh Crabtree Creek Greenway Retaining Wall Replacement DWR #12-0202 v4 BUFFER APPROVAL Page 4 of 4 if sending by First Class Mail if sending via delivery service via the US Postal Service: (e.g. UPS, FedEx): Karen Higgins Karen Higgins NCDWR —401 & Buffer Permitting NCDWR — 401 & Buffer _Permitting Branch � Branch 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1617 Raleigh, NC 27604 This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B.0233. Please contact Stephanie Goss at 919-791-4256 or Stephanie. Goss(@ncdenr.gov if you have any questions or concerns. Sincerely, 4�� Rick Bolich, LG Assistant Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401/Buffer file DWR 401 & Buffer Permitting Unit file via Laserfiche Phil May via e-mail at phil.may(Elcarolinaeco.com North Carolina Department of Environmerital Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center! Raleigh, North Carolina 27699-1617 ai o 7n7 annn