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Home My WebLink About20130021 Ver 1_Approval Letter_20130206A li-Orb �vil' Me® North Carolina Department of Environment and Natural Resources Pat McCrory Governor City of Raleigh Attn: J. Russell Allen, City Manager PO Box 590 Raleigh, NC 27602 Division of vl-atei Quality Charles Wakild, P. E Director February 6, 2013 John E. Skvarla, III Secretary DWQ Project # 13 -0021 Wake County Subject Property: Approval of 401 Water Quality Certification with Additional Conditions Authorization Certificate per the Neuse Riparian Buffer Rules Townesbury Lane Streambank Stabilization Dear Sir: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise permanently impact 50 linear feet of stream, 1,500 square feet of Zone 1 Neuse protected riparian buffer and 1000 square feet of Zone 2 Neuse protected riparian buffer, as described within your application received by the N.C. Division of Water Quality (Division) on January 9, 2013 with additional information received on January 23, 2013. The impacts are covered by General Water Quality Certification Number(s) 3885 (GC3885), which allows you to use Nationwide Permit(s) NW13 when issued by the US Army Corps of Engineers (USACE), and this Buffer Authorization Certificate. 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, and other regulations. 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 02H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (Webscape) 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone: 919. 807 -63001 FAX: 919-807-6494 Internet http J /portal.ncdenr.orghveblwglws An Equal Opportunity 1 Affirmative Action Employer Townesbury lane Streambank Stabilization Page 2 of 3 February 6, 2013 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 Wetland Permit) are met. No other impacts are approved including incidental impacts: Type of Impact Amount Approved (Units) Plan Location or Reference Streams — permanent 50 (linear feet) PCN pg 4 of 10 Zone 1 Buffers — permanent 1,500 (square ft.) PCN pg 5 of 10 Zone 2 Buffers —temporary 1000 (square ft.) PCN pg 5 of 10 2. 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 will not re- concentrate before discharging into a stream as identified within 15A NCAC 0213.0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen and phosphorus. This may require additional approval from this Office. 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. 4. You must revegetate all disturbed areas within the buffers. If you need additional information on plantings, see Guidelines for Buffer Restoration available at: http://Portal.ncdenr.org/c/document library/get file?uuid=e46ec613-90f8-4e22-973c- 57c863afc737 &groupld= 38364. 5. Certificate of Completion The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWQ Webscape Unit within ten days of project completion (available at: -http: / /portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms). This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http://www.ncoah.com/ or call (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). Townesbury Lane Streambank Stabilization Page 3 of 3 February 6, 2013 The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601. Unless such a petition is filed, this Certification shall be final and binding. Sin erlelny, r Karen Higgins, Supervis Wetlands, Buffers, Storm ter — Compliance & Permitting Unit Enclosures: GC3885 cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office Mary T. Brice, Dewberry & Davis, Inc., 2301 Rexwoods Drive, Suite 200, Raleigh, NC 27607 File Copy Filename: 130021CORaleighTownesburyLane (Wake )401 NBR.docx