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HomeMy WebLinkAbout20070017 Ver 1_Approval Letter_20071210 ~QF W `~ TF,4p Michael F. Easley, Governor `~ t'i William G. Ross Jr., Secretary ~ ~~- North Carolina Department of Environment and Natural Resources ~ ~ ~ ~ Coleen H. Sullins, Director Division of Water Quality December 10, 2007 DWQ Project # 2007-0017v2 Wake County Town of Cary Attn: Mr. Tim Bailey 316 N. Academy Street Cary, NC 27511 Subject Property: Terrington Pump & Force Main, 5956 Terrington Lane, Cary, NC UT to Swift Creek [030402, WSIII, NSW, 303d] After-the-Fact Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233(9)(b)] Dear Mr. Bailey: You have our after-the-fact authorization, in accordance with the conditions listed below, to impact approximately 375 square feet (ft2) of Zone 2 of the protected buffers to construct a wastewater pump station and force main at the subject property as described within your variance request dated November 15, 2007, and received by the Division of Water Quality (DWQ) on November 26, 2007. This letter shall act as your Minor Variance authorization as described within 15A NCAC 2B .0233(9)(b). In addition to this authorization, 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 regulations. This authorization 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(s) must be given a copy of this variance authorization and is thereby responsible for complying with all conditions. This authorization requires you to follow any conditions listed below. This authorization shall expire five years from the date of this authorization. The Additional Conditions of the Certification are: 1. No Zone 1 Impacts No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ. 401 OversighUExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX919-733-689311nternet: htto://h2o.enr.state.nc.us/ncwetlands NorthCarolina ,Naturally An Equal OpportunitylAffirmative Action Employer - 50% Recycledll0% Post Consumer Paper Town of Cary Page 2 of 4 December 10, 2007 2. Buffer Mitigation (EEP) You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for 375 square feet of impacts to Zone 2 of the protected riparian buffers is 563 square feet as required under this variance authorization and 15A NCAC 2B .0233. We understand that you wish to make a payment into the Riparian Buffer Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 1 SA NCAC 2B .0233, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement Program Office), no impacts specified in this variance authorization shall occur. Ms. Susan Klimek should be contacted at (919) 733-5205 if you have any questions concerning payment into the EEP. For accounting purposes, this variance authorization authorizes payment into the Riparian Buffer Restoration Fund to compensate for 563 ftZ of required riparian buffer mitigation for impacts to 375 ft2 of protected riparian buffers; 03020201 river and subbasin." 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. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 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. Town of Cary Page 4 of 4 December 10, 2007 Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If you do not accept any of the conditions of this authorization, you may ask for and 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, NC 27699-6714. This authorization and its conditions are final and binding unless you ask for a hearing. This Minor Variance Authorization shall expire five (5) years from the date of this letter. This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules [15A NCAC 2B .0233(9)(b)]. Please call Ms. Amy Chapman at (919) 733-1786 if you have any questions or require copies of our rules or procedural materials. CHS/ijm/asc Enclosures: NC EEP Letter Certificate of Completion Since Coleen H. Sullins, Director Division of Water Quality cc: Brian Johnson, The Wooten Company, 120 North Boylan Ave, Raleigh, NC 27603-1423 Kelly Williams, NC EEP Lauren Witherspoon, DWQ Raleigh Regional Office DLR Raleigh Regional OfficeFile Copy Central Files File Name: 070017v2TerringtonPumpandForceMain(Wake)Minvar Town of Cary Page 3 of 4 December 10, 2007 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). 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 to ensure compliance with 15A NCAC 2B .0233. 7. Written Stormwater Management Plan (No Further Approval Needed) The final, written stormwater management plans dated November 26, 2007 (including a signed and notarized Operation and Maintenance Agreement dated November 21, 2007), must be implemented and the stormwater management facilities shall be constructed and operational before any permanent building is occupied at the subject site. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 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. 9. Deed Restrictions The Town of Cary (permittee) shall execute and cause to be recorded in the Wake County Register of Deeds restrictive covenants acceptable to the Division of Water Quality for the purpose of maintaining the riparian buffers, as shown on the recorded plat, in their natural state in perpetuity, prior to the sale or conveyance of 5956 Terrington Lane in Cary, NC. The permittee shall enforce the terms of the restrictive covenants and, prior to conveyance of 5956 Terrington Lane, shall take no action on the subject site described in the covenants inconsistent with the terms thereof. This requirement excludes riparian areas authorized for impacts in accordance with this minor variance approval. The permittee shall provide a copy of the recorded restrictive covenants to the Division of Water Quality within 15 days of recording. ArF9 pG _~ .~. 'C' Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, the Town of Cary has permission as outlined below to fill or otherwise impact 375 square feet of Zone 2 Neuse River basin protected riparian buffer, as described in your after-the-fact application dated November 15, 2007, and received by the Division of Water Quality (DWQ) on November 26, 2007, to provide a wastewater pump station and force main at 5956 Terrington Lane in Cary, Wake County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJECT #: 20070017v2 LOCATION: Raleigh COUNTY Wake BASIN/ SUB BASIN Neuse/03020201 As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Im acts Miti ation 375 s uare feet Zone 2 buffers 563 s ware feet buffers -One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE. NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919)733-5205 Filename: 070017v2TerringtonPumpandForceMain(Wake)NBR EEP 401 Oversight/Express Review Permitting Unit ,Q~htuCa~~na 1650 Mail Service Center, Raleigh, North Cazolina 27699-1650 r/~/a y 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper