20020601 Ver 1_Approval Letter_20020430

0F W ATFR Michael F. Easley
?O? QG Governor
0O William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
4 `< Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
April 30, 2002
DWQ Project # 02-0601
Wake County
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City of Raleigh
c/o: J. Russell Allen
PO Box 590
Raleigh, NC 27602
Subject Property: City of Raleigh Sanitary Sewer Easement, Tryon Road Outfall, Raleigh
Unnamed tributary streams of Walnut Creek [03-04-02, 27-34-(1), C NSW]
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233)
Dear Sirs:
You have our approval, in accordance with the attached conditions, to impact 40 feet of stream and 5,400
square feet of riparian buffers to install the proposed two (2) twenty-foot wide sanitary sewer crossings as
described within your application received by this office on April 18, 2002. After reviewing your application,
we have determined that this fill is covered by the Division of Water Quality (DWQ) General Water Quality
Certification Number 3374. This Certification allows you to use Nationwide Permit No. 12 when issued by the
US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization Certificate
for impacts to the protected Neuse riparian buffers as required under 15A NCAC 2B .0233(8). In addition, you
should get or otherwise comply with any other federal, state or local requirements before you go ahead with
your project including (but not limited to) Erosion and Sediment Control permit. Also, this approval will expire
when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid 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 anew 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,
compensatory wetland mitigation may be required as described in 15A NCAC 2H.0506 (h). For this approval
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If you do not accept any of the conditions of this certification, you may ask for an 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 certification and its
conditions are final and binding unless you ask for a hearing.
Please be aware that this letter does not approve any parallel impacts to the protected ripari an buffers that
may be caused by the installation of the utility line. Parallel impacts include any clearing of vegetation or
grading within the protected buffers associated with the construction corridor of the utility line except for those
North Carolina Division of WaterQuality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, Nt 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.s*,ate.nc.uslncwetiands/
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associated with perpendicular crossings. Any parallel buffer impacts will require a new application and written
approval from the DWQ prior to construction. Any parallel buffer impacts xv thin Zone 1 of the protected
buffers will require buffer mitigation. Applications for these impacts should c.;arly show the footprint of the
consmiction corridor overlaid on both zones of the protected buffers with areas or impact in square feet
provided for both zones.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act
and the Neuse Buffer Rules. If you have any questions, please telephone Mr. John Dorney at 919-733-9646.
Sincerely,
J. Thorpe, Ph.
?, Acting Dir c r
Attachment: General Water Quality Certification No. 3374
Cc: Steve Mitchell, DWQ Raleigh Regional Office
File Copy
Central Files
DWQ 020601