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HomeMy WebLinkAbout20181521 Ver 1_Approval Letter_20190103ROY COOPER Governor MICHAEL S., REGAN Secretary LINDA CULPEPPER Interim Director January 3, 2019 City of Rocky Mount Attn: David -Griffin 331 S. Franklin Street Rocky Mount, NC 27804 NORTH CAROLINA Environmental Quality DWR #18-1521 .Nash County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 0213 .0259) WITH ADDITIONAL CONDITIONS Sunset Park BAA Ramp Renovation Dear Mr. Griffin: 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 5, 2018 with payment received on December 5, 2018. These impacts are covered by the attached Water Quality'General Certification Number 4132, allowing you to use Regional Permit 197800125 when issued 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 in impacts. [15A NCAC 0213.0506(b)(c)] and15A NCAC 02B .0259(8)] North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628 alIQ 701 n00n Sunset Park BAA Ramp Renovation DWR #18-1521 401 AND BUFFER APPROVAL Page 2 of 5 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Open Water 01: Ramp 0.01 (acres) 0 (acres) Buffers - Zone 1 131: Boat Ramp 274 (square feet) 0 (square feet) B2: Grading/Rip Rap 227 (square feet) 0 (square feet) 133: Access/Grading Work Area 0 (square feet) 350 (square feet) 134: Grading/Rip Rap 277 (square feet) 0 (square feet) 135: Access/Grading Work Area 0 (square feet) 392 (square feet) Buffers - Zone 2 131: Boat Ramp 323 (square feet) 0 (square feet) 132: Grading/Rip Rap 47 (square feet) 0 (square feet) 133: Access/Grading Work Area 0 (square feet) 323 (square feet) 134: Grading/Rip Rap 33 (square feet) 0 (square feet) 65: Access/Grading Work Area 0 (square feet) 355 (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 .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. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 al a 707 0000 Sunset Park BAA Ramp Renovation DWR #18-1521 401 AND BUFFER APPROVAL Page 3 of 5 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 The outside buffer, wetland, or water boundary and along•the construction corridor within these boundaries approved under this authorization shall b.e 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'Ad506 (b)(2) and (c)(2) and,15A NCAC 02H..0507 (c)] 6. This approval is for the purpose and design described ih;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 plication package with,the appropriate fee. If the property is be required to submit a new ap sold, the new owner must be given a copy -of this approval,letter and General Certification and is responsible for complyih",lWith all conditions. [15A NCAC 02B .0507(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 contestedias: 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.'nco;4h.com/ or by calling.the OAH Clerk's Office at (919) 431-3000 fori'nformation. 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. QM` 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 al 6 7n7 bonn 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 Sunset Park BAA Ramp Renovation DWR #18-1521 401 AND BUFFER APPROVAL Page 4 of 5 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 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 Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or concerns. Sincerely, iV ickolich, LG Assistant Supervisor, Water Quality Regional Operations Section North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center Raleigh, North Carolina 27699-1617 0la 7n7 anon Sunset Park BAA Ramp Renovation DWR #18-1521 401 AND BUFFER APPROVAL Page 5 of 5 Enclosure: GC 4132 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 Michael Leggett via e-mail at Michael.leggett@ncwildlife.org �:b`PM,Ypf{37Q3Yigrm5�,�aYiI ST / ' 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 I,010 -7n7 annr) II'