HomeMy WebLinkAbout20120798 Ver 3_Approval Letter_20190510ROY COOPER
Gaver-rior- `
MICHAEL S. REGAN
Sec-retar,,
LINDA CULPEPPER
Director
May 10, 2019
City of Raleigh
Stormwater Management
Attn: David Kiker
127, W. Hargett -Street
Raleigh, NC 27601
NORTH CAROLINA
Environmental Quality
DWR 412-0798 v3
Wake County
Subject: APPROVAL OF401WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
,AUTHORIZATION CERTIFICATE'PER THE NEUSE RIVER BASIN RIPARIAN BUFFER .
PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS
Ramblewood Drive•Drainage Improvement Project
Dear Mr. Kiker:
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 March 14, 2019. with
payment received on March 18, 2019 and --additional information received on April,22, 2019.
These impacts are.covered by the attached Water Quality General Certification Number. 4139
and,the conditions listed below. This certification is associated with the use of Nationwide
Permit Number 29 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 401 Water Quality Certification and
Buffer Authorization for DWR 12-0798 v3 replaces the 401 Water Quality Certification and.
Buffer Authorization for DWR'12-0798 v2. dated April 4, 2018.
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 ofthe Certification and Buffer Rulesare met. -No other impacts are,
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Ramblewood Drive Drainage Improvement Project
DWR #12-0798 v3
401 AND BUFFER APPROVAL
Page 2 of 4
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] and15A NCAC
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
S1: Culvert Extension
275 (linear feet)
0 (linear feet)
Buffers - Zone 1
B1: Stabilization
15,105 (square feet)
0 (square feet)
02B.0233(8)]
2. The permittee shall report to the Raleigh Regional Office any noncompliarice 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. Protective Fencing;
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under thisauthorization 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 .0507 (c)]
4. 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
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 02B .0507(d)(2)]
This approval and its conditions are final and binding unless contested. JG.S. 143-215.51
Ramblewood Drive Drainage Improvement Project
DWR #12-0798 v3
401 AND BUFFER APPROVAL
Page 3 of 4
Hearings (hereby known as OAH) within sixty.(60) calendar days.
A petition form may be obtained from the OAH at http://www.ntoah.com/ 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 ofi-
the petition along with any applicable OAH filingfee 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:
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
Ramblewood Drive Drainage Improvement Project
DWR #12-0798 v3
401 AND BUFFER APPROVAL
Page 4 of 4
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 stephanie.goss@ncdenr.gov if you have any questions or concerns.
Sincerely,
Karen Higgins
Supervisor, 401 & Buffer Permitting Branch
Enclosure: GC 4139
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
Scott Sigmon via e-mail at ssigmon@wkdickson.com