20190405 Ver 1_Approval Letter_20190516

ROY COOPER-
Governor
MICHAEL S.REGAN
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Secretary ����•�.,>�
LINDA CULPEPPER • NORTH CAROLINA
Director Environmental Quality
May 16, 2019
DWR#19-0405
Wake County
City of Raleigh
Parks, Recreation & Cultural Resources
Attn:Diane Sauer
222 W. Hargett Street
Raleigh, NC 27601
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
City of Raleigh-Shelley Lake Pedestrian Bridge:No. 19 Replacement
Dear Ms. Sauer:
•
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 April'1, 2019 with
payment received on April 3, 2019. These impacts are covered by the attached Water Quality
General Certification Number 4135 and the conditions listed below. This certification is
associated with the.use of Nationwide Permit Number 14 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 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 im'.pa'cts. [15A NCAC 02B .0506(b)(c)] and15A NCAC
02B .0233(8)]
North Carl)lira Department of Environmental Quality I Division of Water Resources
P..atcir i'i t2 ys'ial Office 13&013 arrt tt Drive I Ralcigi Nmth Carolina 27609
ova r�Nit Ui ti$.,ma i�uE:; (A9.791.4200
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DWR#19-0405
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Wetland
;;W1: Removal of Existing Bridge 0 (acres) 0.04 (acres)
WW2: Construction of Pedestrian Bridge 0 (acres) 0.03 (acres)
liBuffers,-,Zone 1
j B1; Removal of Existing Bridge 0 (square feet) 2,335 (square feet)
Greenway.Trail/Pedestrian Bridge 1,358,(square feet) 0 (square feet)
j;Buffers-Zone 2
Removal of Existing Bridge 0 (square feet) 1,548 (square feet)
IIB2: Greenway Trail/Pedestrian Bridge 897 (square feet) 0 (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. 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
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)I 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)]

COR-Shelley lake Pedestrian Bridge No. 19 Replacement
DWR#19-0405
401 AND BUFFER APPROVAL
Page3of4
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.ncoah.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 maybe 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 If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 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 If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins
NC DWR—401 & Buffer Permitting NC DWR—401 & Buffer Permitting
Branch Branch '
1617 Mail Service Center . 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604

Lur- rlelley lake reoesuldrr DFIU,C IVU. 17 r\cplaLctuiciiL
DWR#19-0405
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 [e-mail] if you have any questions or concerns.
Sincerely,
/ , ,
Karen Higgins
Supervisor, 401 & Buffer Permitting
Enclosure: GC 4135
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
Troy Beasley via e-mail at [e-mail]