HomeMy WebLinkAbout20060738 Ver 3_Approval Letter_20080206~_
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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
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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: