HomeMy WebLinkAbout20190871 Ver 1_Approval Letter_20190823ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
August 23, 2019
Town of Knightdale
NORTH CAROLINA
Environmental Quality
DWR #19-0871
Wake County
Attn: Dustin Tripp -Assistant Town Manager
950 Steeple Square.Court
Knightdale, NC 27545
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
Town of Knightdale Environmental Park .
Dear Mr. Tripp:
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 June 27, 2019 with
payment received on July 23, 2109. These impacts are covered by the attached Water Quality
General Certification Number,4132 and 4139 and the conditions listed below. This certification
is associated with the use of Nationwide Permit Number 3 and 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 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 th'e 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
0.2B.0233(8)]
Vortlx Carolina Department of FAvi -oC"tli pith! Quality Division of VU:.tter Re sources
r;
�.
itatrigl't ltcuional (3f1`icc ; 3800 Barratt Drive I 1;.aleiclh, North C'arotirta 27009
n'�arn Asa"e" 919.791.4200
I �
Town of Knightdale Environmental Park
DWR #19-0871
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Construction of Plunge Pool
0.019 (acres)
0 (acres)
Stream
S2: Construction of Plunge Pool
33 (linear feet)
0 (linear feet)
S3: Replacement of Pond Outlet Structure
34 (linear feet)
0 (linear feet)
Open Water
04: Dredging
0 (acres)
0.97 (acres)
Buffers - Zone 1
135: Plunge Pool
809 (square feet)
0 (square feet)
136: Temporary Construction Access
0 (square feet)
318 (square feet)
137: Temporary Construction Access
0 (square feet)
658 (square feet)
138: Outlet Structure Replacement
4,647 (square feet)
0 (square feet)
69: Outlet Structure Replacement
0 (square feet)
3,166 (square feet)
Buffers - Zone 2
137: Temporary Construction Access
0 (square feet)
425 (square feet)
138: Outlet Structure Replacement
299 (square feet)
0 (square feet)
139: Outlet Structure Replacement
0 (square feet)
1,992 (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
Town of Knightdale Environmental Park
DWR #19-0871
401 AND BUFFER APPROVAL
Page 3 of 4
compliance with 15 NCAC 02H.0500. [15A NCAC 02H .0506'(0)(2) and (c)(2)'and 15A NCAC
02H .0507 (c)]
4. This approval is'for the purpose and design described in your application. Thep lans 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,fe'e. Ifthe 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 026' .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 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 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 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
via the US Postal Service:
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Town of Knightdale Environmental Park
DWR #19-0871
401 AND BUFFER APPROVAL
Page 4 of 4
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 stephanie.goss@ncdenr.gov if you have any questions or concerns.
Sincerely,
ick Bolich, L.G.
Assistant Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4132
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
Troy Beasley via e-mail at tbeasiey@withersravenel.com