20481540 Ver 1_Approval Letter_20181228

ROY COOPER.
Governor
MICHAEL S. REGAN
LINDA CULPEPPER
Interim Director
December 28, 2018
NORTH CAROLINA
Environmental Quality
DWR #18-1540
Wake County
City of Raleigh .
Engineering Services/Stormwater Management
Attn: Wayne Miles
.127 West'Hargett Street, 8th floor
Raleigh,' NC 27601
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH'ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE`NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15'A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Kings Court Streambank Stabilization
Dear Mr. Miles:
You have' our approval for the impacts listed below for the purpose described in your,
application received by the Division of Water Resources' (Division) on November 8, 2018,with
payment received on November 13, 2018. These impacts are covered by the attached Water
Quality General Certification Number 4132 and 4134 and the conditions listed below. This
certification is associated with the use of Nationwide Permit Number 3 & 13once itis 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)] and15A NCAC'0213
.0233(8)]
_ �yq�arYtBlifn,-aunpnix: Y1'�Gy '
North Carolina, Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center 1, Raleigh, North Carolina 27699-1628
ala Tal n)nn

Kings Court Streambank Stabilization
DWR #18-1540
BUFFER & 401 APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1: Bank Stabilization
95 (linear feet)
0 (linear feet)
S2: Bank Stabilization
55 (linear feet)
0 (linear feet)
S3: Construction Access
0 (linear feet)
152 (linear feet)
Buffers - Zone 1
B1: Bank Grading/Stabilization
1,179 (square feet)
0 (square feet)
132: Bank Grading/Stabilization
377 (square feet)
0 (square feet)
133: Construction/Access
0 (square feet)
1,696 (square feet)
Buffers - Zone 2
134: Construction/Access
0 (square feet)
23 (square feet)
B5: Construction/Access
0 (square feet)
243 (square feet)
2. 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.
3. 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]
4. 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
North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street'; 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
01 a 7n7 annn

Kings Court Streambank Stabilization
DWR #18-1540
BUFFER & 401 APPROVAL
.Page 3 of 4
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 app.licatiori..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 021 '050T(d)(2)]
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 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.n6oah.com/ or by calling the OAH
Clerk's Office at [phone] 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 [phone], 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. I
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
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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
01 a 707 annn

Kings Court Streambank Stabilization
DWR #18-1540
BUFFER & 401 APPROVAL
Page 4 of 4
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
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 15A NCAC 02B .0233. Please contact Stephanie
Goss at 919-791-4256 or [e-mail] if you have any questions or concerns.
Sincerely,
4�k Bolich, LG
Assistant Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4132
GC 4134
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Jon Becker via e-mail at [e-mail]
v
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street j 1617 Mail Service Center Raleigh, North Carolina 27699-1617
01 0 7n7 Onnn