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HomeMy WebLinkAbout20150995 Ver 2_05_Approved 401 NWP 18 - Park Depot Greenway - DWR#15-0995_20190328PAT MCCRORY ca�emo> ?:a; DONALD R. VAN DER VAART � . Secrefary WaterResources ENVIRONMENTAL OUALITY May 31, 2016 S. JAY ZIMMERMAN Dbec(m DWR #15-0995 Wake County Town of Fuquay-Varina Attn: Tracy Stephenson 401 Old Honeycutt Rd. Fuquay-Varina, NC 27526 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 Park Depot Greenway Dear Ms. Stephenson: You have our approval for the impacts listed below for the purpose described in your application dated September 24, 2015 and received by the Division of Water Resources (Division) on September 25, 2015 with additional information received on May 24, 2016. These impacts are covered by the attached Water Quality General Certification Number 3890 and, the conditions listed below. This certification is associated with the use of Nationwide Permit Number 18 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 projeci, 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 026 .0506(b)(c) and 15A NCAC 02B .0233(8)L Division of Water Resources, Raleigh Regional Office, Wa[er QualiTy Operations Section h Phone a(919) 91-42ppb/W4/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Fa�c: (919) 788-7159 Location: 3800 Barrett Drive, Raleigh, NC 27609 Park Depot GW DWR #15-0995 401 AND BUFFER APPROVAL Page 2 of 4 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. No Waste. Spoil, Solids, or Fill of Anv 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 02W .0501 and .0502]' 4. Protective Fencine 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 A507 (c)j " 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 Park Depot GW DWR #15-0995 401 AND BUFFER APPROVAL Page 3 of 4 sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for armplying 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 thiMy (30) 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 S: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 sendinq by First Class Mail via the US Postal Service: If sending via delivery service (e.g. UPS, FedEx): Office of Administretive Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 16D1 Mail Service Center Rakei�h,,NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: If sending via delivery service (e.g. UPS, FedExJ: Karen Higgins Karen Higgins Park Depot GW D W R #15-0995 401 AND BUFFER APPROVAL Page 4 of 4 NC DENR-DWR-401 & Buffer NC DENR-DWR-401 & Buffer Permitting Unit Permitting Unit 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1617 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 i5A NCAC 02B .0233. Please contact Cherri Smith at 919-791-4251 or cherri.smith(c�ncdenr.�ov if you have any questions or concerns. Sin erel � ' /f�v �� �DannySmit Supervisor, Water Quality Regional Operations Section Enclosure: GC 3890 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr., Ste. 105; Wake Forest, NC 27597 Ross 5ullivan; Kimley-Horn; 3001 Weston Pkwy.; Cary, NC 27513 DWR RRO 401/Riparian Buffer file DWR 401 & Buffer Permitting Unit