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Home My WebLink About20042059 Ver 2_Approval Letter_20091207 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary December 7,2009 DWQ Project#04-2059,Ver. 2 Wake County Mr. Whit Wheeler City of Raleigh-Public Utilities Department 219 Fayetteville Street Mall Raleigh,NC 27602 Subject Property: City of Raleigh: Dunn Road Sewer Extension Ut to Neuse River [030402,27-(20.7), WSIV,NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233)with Additional Conditions Dear Mr. Wheeler: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 0.39 acres of 404/wetlands(temporary impact), 88 linear feet of perennial stream(temporary impact), 120 linear feet of intermittent stream(temporary impact), and 91,523 square feet of Zone 1 Neuse River protected riparian buffers, and 96,835 square feet of Zone 2 Neuse River protected riparian buffers, as described in your application dated September 23,2009, and received by the Division of Water Quality(DWQ)on October 30, 2009,with additional information received on November 2, 2009,November 20,2009, and December 7,2009,to construct the proposed sewer line project at the site. After reviewing your application,we have decided that the impacts are covered by General Water Quality Certification Number(s)3699(GC3699). The Certification(s)allows you to use Nationwide Permit(s)NW 12,when issued by the US Army Corps of Engineers(USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including(but not limited to)Erosion and Sediment Control,and Non- discharge regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland Or 150 linear feet Of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved 401 Oversight/Express Review Permitting Unit One 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 NorthCarolina Location:2321 Crabtree Blvd.,Raleigh,North Carolina 27604 f�yr // Phone:919-733-17861 FAX:919-733-6893 �rK66L� Internet:http://h2o.enr.state.nc.us/ncwetlands/ An Equal Opportunity 1 Affirmative Action Employer CORaleigh Page 2 of 3 December 7,2009 The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit)are met. No other impacts are approved including incidental impacts: Type of Impact Amount Approved nits Plan Location or Reference 404/Wetland-temporary 0.39(acres) PCN page 4 of 11 Stream—perennial-temporary 88 linear feet PCN page 4 of 11 Stream—intermittent-temporary 120 linear feet) PCN page 4 of 11 Buffers Zone 1 91,523 (square ft.) PCN page 6 of 11 Buffers Zone 2 96,835(square ft.) PCN page 6 of 11 (12/7/09) 2.: 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. 3.1 Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed,the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile(spoil)projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two(2)months of the date that the Division of Land Resources or locally delegated program has released the project; 5. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5). CORaleigh; Page 3 of 3` December 7,2009 6. 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; 7. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,and any subsequent modifications,the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate(associated with the approved buffer impacts)shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786. Since ,ax Coleen H. Sullins CHS/gym Enclosures: GC3699 Certificate of Completion cc: Lauren Witherspoon, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office DLR, Raleigh Regional Office File Copy Mary T. Brice, Dewberry&Davis, Inc.,2301 Rexwoods Drive, Suite 200, Raleigh,NC 27607-3366 Filename: 090596ver2DurhamRaleigh WaterConnection(Durham_Wake)401_NBR