20110767 Ver 2_Approval Letter_20130408

Pat McCrory
Governor
KWA
A-W 1
NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E. John E. Skvarla, III
Director Secretary
April 8, 2013
DWQ Project # 11- 0767v2
Wake County
Aaron Brower
City of Raleigh Public Utilities Department
P.O. Box 590
Raleigh, NC 27602
Subject Property: Mango Creek Interceptor
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Basin
Riparian Buffer Protection Rules (15A NCAC 026.0233) with Additional Conditions
Dear Mr. Brower:
You have our approval, in accordance with the attached conditions and those listed below, to
temporarily impact 0.52 acre of wetland and to place fill within or otherwise permanently impact 0.01
acre of wetland; temporarily impact 161 linear feet of stream; temporarily impact 5,353 square feet of
Zone 1 and 6,138 square feet of Zone 2 Neuse River Basin protected riparian buffer; and permanently
impact 310 square feet of Zone 1 and 216 square feet of Zone 2 Neuse River Basin protected riparian
buffer as described within your application, received by the N.C. Division of Water Quality (DWQ) on
March 25, 2013. The impacts are covered by General Water Quality Certification Number 3884
(GC3884), which allows you to use Nationwide Permit NW12 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, 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 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, Suffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone [phone] FAX. [phone]
Internet http //portal ncdenr org /web /wq/ws
An Equal Opportunity 1 Affirmative Action Employer
Novi. thCarolina
Natmally
iJ

Mango Creek Interceptor
Page 2 of 3
April 8, 2013
Additional Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as ail'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
Plan Location or Reference
(Units)
Wetland - temporary
0.52 (acre)
Section C.2 of PCN for Wetland
Impacts
Wetland - permanent
0.01 (acre)
Section C.2 of PCN for Wetland
Impacts
Stream — temporary
161 (linear feet)
Section C.3 of PCN for Stream Impacts
Zone 1 Buffers —
5,353 (square feet)
Section C.6 of PCN for Buffer Impacts
temporary
Zone 1 Buffers -
310 (square feet)
Section C.6 of PCN for Buffer Impacts
permanent
Zone 2 Buffers -
6,138 (square feet)
Section C.6 of PCN for Buffer Impacts
temporary
Zone 2 Buffers -
216 (square feet)
Section C.6 of PCN for Buffer Impacts
permanent
2. 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.
3. You must re- vegetate all disturbed areas within the buffers as described in your application. 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 &grou old= 38364.
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 httr): / /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).
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:

Mango Creek Interceptor
Page 3 of 3
April 8, 2013
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.
erely,
Danny S th, Supervisor
Surface Water Protection — Raleigh
Regional Office
Enclosure: GC 3884
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;
Wake Forest, NC 27597
Karen Higgins, DWQ CO files
Troy Beasley; Withers & Ravenel; 1410 Commonwealth Drive, Suite 101; Wilmington, NC 28403
File Copy
Filename: 110767v2MangoCreeklnterceptor 401 NBR.dooc