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HomeMy WebLinkAbout20060738 Ver 3_Approval Letter_20080206~_ ATFh' QG i~"- iin`rr ~ ~: "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 February 6, 2008 Lynn Raynor City of Raleigh -Division of Public Works 222 Hargett Street Raleigh, NC 27602 Re: TW Alexander Drive and ACC Boulevard Connection, Wake County Ut to Little Briar Creek [030402, 27-33-4-1, C, NSW] DWQ #20060738, Ver.3; USACE Action ID. No. SAW-2006-33046 APPROVAL of 401 Water Quality Certification and Authorization Certificate per the. Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions MODIFICATION Dear Mr. Raynor: Attached hereto is a copy of Certification No. 3598 issued to Lynn Raynor and City of Raleigh, dated February 6, 2008. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. Si rel oleen H. Sullins CHS/cbk/ijm Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements Certificate of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE Mike Horan, DWQ, Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511 Filename: 060738Ver3T'WAlexanderDriveandACCBIvdConnection(Wake)401_NBR IC_MOD 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Ralegh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-&893 I Internet: htto://h2o.enr.state.nc.us/ncwetlands None Carolina ~tura!!y An Equal OpportunitylAffirmative Action Employer - 50°h Recycled/10% Post Consumer Paper Mr. Lynn Raynor and City of Raleigh Page 2 of 5 February 6, 2008 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Lynn Raynor and City of Raleigh, to fill or otherwise impact 1,049 linear feet of perennial stream and 104,378 square feet of Zone 1 Neuse River basin protected riparian buffers and 55,634 square feet of Zone 2 Neuse River basin protected riparian buffers to construct the proposed T.W. Alexander Drive and ACC Boulevard connection which is located in Wake County, North Carolina, pursuant to an application dated November 19, 2007 and received by the DWQ on November 19, 2007, with additional information received by the DWQ on December 13, 2007, and January 22, 2008, and by Public Notice by the U.S. Army Corps of Engineers issued on the 13th day of December of 2007 (received by DWQ on December 13, 2007). The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: 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: T e of Im act Amount A roved Units Plan Location or Reference Stream - erennial 1,049 linear feet PCN a e 4 of 9 Buffer -Zone 1 104,378 (s uare ft. PCN a es 7 and 8 of 9 Buffer -Zone 2 55,634 s ware ft. PCN a es 7 and 8 of 9 Mr. Lynn Raynor and City of Raleigh Page 3 of 5 February 6, 2008 Sediment and Erosion Control: 2. 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. 3. 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 404/401 Permit Application. 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; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. 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 and GC 3404; Continuing Compliance: 6. Lynn Raynor and City of Raleigh shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further. conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Lynn Raynor and City of Raleigh, and the US Army Corps of Mr. Lynn Raynor and City of Raleigh Page 4 of 5 February 6, 2008 Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Lynn Raynor and City of Raleigh in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Miti ation: 7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands 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. Until the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: T e of Im act Com ensato Miti ation Re uired River and Sub-basin Number Stream 1,049 (linear feet Neuse/03020201 Buffer Zone 1 150,594 (s uare feet) Neuse/03020201 Buffer Zone 2 40,493 s uare feet) Neuse/03020201 Diffuse Flow: 8. 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 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 9. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the • Mr. Lynn Raynor and City of Raleigh Page 5 of 5 February 6, 2008 sedimentation control. plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at htt : //h2o. enr.state. nc. us/su/Forms Documents. htm. ; 10. 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. 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 LAMA Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 6th day of Fe ruary 2008 DIVI ION OF A QUALITY Coleen H. Sullins 3598 CHS/cbk/ijm O~O~ W AT FRQG ~ r ~ ~ i .a.._ ~ --i 17 `~ ~ 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, Lynn Raynor and the City of Raleigh, have permission as outlined below to fill or otherwise impact 1,049 linear feet of perennial stream and 104,378 square feet of Zone 1 Neuse River basin protected riparian buffers and 55,634 square feet of Zone 2 Neuse River basin protected riparian buffers, as described in your application dated November 19, 2007 and received by the DWQ on November 19, 2007, with additional information received by the DWQ on December 13, 2007, and January 22, 2008, and by Public Notice by the U.S. Army Corps of Engineers issued on the 13~' day of December of 2007 (received by DWQ on December 13, 2007), to construct the proposed T.W. Alexander Drive and ACC Boulevard connection which is located in 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 #: 20060738, Ver. 3 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 mitigatle 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 1,049 Linear Feet Of Stream 1,049 Linear Feet Of Stream 50,198 S uare Feet of Zone 1 Buffers 150,594 S uare Feet of Buffers 26,996 S uare Feet of Zone 2 Buffers 40,493 S uare Feet of 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: 060738 Ver3T'WAlexanderDriveandACCBIvdConnection(Wake~101_NBR_IC_MOD_EEP N~~thCarolina 401 Oversight/Express Review Permitting Unit atuCa!!y 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 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 Certification of Com letion DWQ Project No.: Applicant: Project Name: county: Date of Issuance of Certification or Authorization: Certificate of Completion oved within the 401 Water Quality Certification and Buffer Rules, and any Upon completion of all work appr e a licant is required to return this certificate to thh 4NC0276S9~ 6 0 res~Ps o~ m y be subsequent modifications, th pp to send ty 1650 Mail Service Center, Ral ro ect en ineer.. It is not necessary North Carolina Division of Water Quali , returned to DWQ by the applicant, the applicant's authorized agent, or the p j g certificates from all of these. Applicant's Certification due care and diligence was hereby state that, to the best of my abilities, I' f the construction such that the construction was observed to be built within substantial used in the observation the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, compliance and intent of and other supporting materials. Date: ~- Signature: Agent's Certification hereby state that, to the best of my abilities, due care and diligence was I' the construction such that the construction was observed to be built within .substantial the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, used in the observation of compliance and intent of and other supporting materials. Date: Signature: sional If this project was designed by a Certified Profes ; (i.e., Engineer, as a duly registered P ~ en authorized to observe (periodically, I, abilities, due care. Landscape Architect, Surveyor, etc. f the~ro ect, for the Permittee hereby state that, to ~ abs observmed to be built within weekly, full time) the construction o P .1 roved laps and and diligence was used in the observation of the construction Ce nfcation and uffer Rules, the app P substantial compliance and intent of the 401 Water Quality specifications, and other supporting materials. Tate - Registration No. Signature: