20061144 Ver 7_Approval Letter_20091231

i'A
NC+DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 31, 2009
Mr. Perry Allen, P.E.
City of Raleigh Public Utilities
One Exchange Plaza, Suite 620
Raleigh, NC 27602
Wake County
DWQ EXP#: 06-11440
Project Name: City of Raleigh Dempsey E. Benton WTP Water Transmission Main
UT Mahlers Creek [030402, 27-43-9, C, NSW]
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate
with Additional Conditions
Dear Mr. Allen:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 1,470 ft2 of Zone 1 and 4,841 ft2 of Zone 2 of the protected riparian buffers for
the purpose of constructing the proposed 16-inch water line as described within your application dated
December 16, 2009 and received by the Division of Water Quality on December 30, 2009. 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, Non-discharge
regulations.
This authorization certificate 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 authorization letter and is thereby
responsible for complying with all conditions. This authorization requires you to follow the conditions
listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Mletland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Zone 1 Buffers 1,470 (square ft.) December 16, 2009 PCN . 7 of 12
Zone 2 Buffers 4,841 (square ft.) December 16, 2009 PCN . 7 of 12
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:llh2o.enr.state.nc.us/ncwetlands/
North Carolina
X I
d
kra!!rf
An Equal Opportunity 1 Affirmative Action Employer
City of Raleigh
Page 2 of 3
December 31, 2009
Compensatory Mitigation
Compensatory mitigation for parallel impacts to 1,470 square feet of protected riparian buffers
(15A NCAC 2B .0233) in Zone 1 shall be required. A total of 4,410 ft2 of credit will be required.
We understand that you have chosen to debit credits from the Forrest Creek Riparian Buffer
Mitigation Bank via EarthMark Mitigation Services, LLC. Based on "Riparian Buffer Mitigation
Credit Reservation Confirmation Letter - Statement of Availability (December 150', 2009)",
provided to the NCDWQ, it appears at this time that there will be sufficient credits to meet the
required mitigation for impacts approved with this authorization. However, should there be
insufficient credits for some reason, the City of Raleigh will be required to obtain the necessary
credits by other means.
Type of Compensatory Mitigation River and Sub-basin
Impact Required Number
Buffer 4,410 (square feet) Neuse/03020201
Zone 1
Buffer 0 (square feet) Neuse/03020201
Zone 2
Total 4,410 (square feet)
3. Erosion & Sediment Control Practices
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.
4. 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.
No Sediment & Erosion Control Measures within Wetlands or Waters
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.
6. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that it
City of Raleigh
Page 3 of 3
December 31, 2009
will not re-concentrate before discharging into a stream as identified within 15A NCAC
2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities
that are considered to remove nitrogen (and phosphorus if in the Tar-Pamlico River
Basin). This may require additional approval from this Office.
7. 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 15A
NCAC 2B .0233.
8. Certificate of Completion
Upon completion of all work approved within this authorization, 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.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0233. If you have any questions, please telephone Lia Myott Gilleski at 919-733-1786. This letter does
not authorize any impacts to either Waters of the United States or Waters of the State. Please contact the
US Army Corps of Engineers (USAGE) or NC Division of Water Quality (DWQ) if any impacts are
proposed to either of these waters.
Sincerely,
Coleen H. Sullins
CHS/cbk/Img
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
DLR Raleigh Regional Office
Keven Duerr, ARCADIS, 801 Corporate Center Drive, Suite 300, Raleigh, NC 27607
Filename: 061144v7CORaleighDempsevFBenton WTP WaterTransMain(Wake)NBRAuth.doe