HomeMy WebLinkAbout20190208 Ver 1_Revised Approval Letter_20191126ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
November 26, 2019
City of Durham
Attn: Donald Greeley
101 City Hall Plaza
Durham, NC 27701
NORTH CARJLINA
Environmental Quality
DWR #19-0208 revised
Durham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS
Southeast Regional Lift Station
Dear Mr. Greeley:
You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on February 15, 2019 with
payment received on February 20, 2019 with additional information received on July 23 and
September 16, 2019. These impacts are covered by the attached Water Quality General
Certification Number 4133 and the conditions listed below. This certification is associated with
the use of Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of
Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This revised 401
Water Quality Certification and Authorization Certificate for DWR #19-0201 replaces the 401
Water Quality Certification and Authorization Certificate for #19-0201 dated September 16,
2019. The only change was to the mitigation.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification and Buffer Rules are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02B .0506(b)(c)] and15A NCAC 02B .0233(8)]
MENorth Carolina Department of Errvironmental Quality Division of Water Resources
Z:-XW:!fRaleigh Regional Office ! 3800 Barrett Drive I Raleigh, North Carolina 27609
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OxpzFVEium M&riinx,muF,mw i� �""'Q919.791.4200
Southeast Regional Lift Station
DWR #19-0208
401 AND BUFFER APPROVAL
Page 2 of 6
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Pipe Installation
0 (acres)
0.024 (acres)
W2: Demolition
0 (acres)
0.072 (acres)
W3A: Pipe Installation
0 (acres)
0.117 (acres)
W3A: Maintained Corridor
0.064 (acres)
0 (acres)
W11: Access Road
0 (acres)
0.001 (acres)
W12: Access Road
0 (acres)
0.047 (acres)
W313: Pipe Installation
0 (acres)
1.017 (acres)
W5: Pipe Installation
0 (acres)
0.038 (acres)
W4: Pipe Installation
0 (acres)
0.243 (acres)
W6: Pipe Installation
0 (acres)
0.009 (acres)
W7: Pipe Installation
0 (acres)
0.129 (acres)
W7: Maintained Corridor
0.195 (acres)
0 (acres)
W9: Pipe Installation
0 (acres)
0.015 (acres)
W9: Maintained Corridor
0.010 (acres)
0 (acres)
W10: Pipe Installation
0 (acres)
0.322 (acres)
W10: Maintained Corridor
0.229 (acres)
0 (acres)
Stream
S1: Pipe Crossing
40 (linear feet)
0 (linear feet)
S2: Pipe Crossing
41 (linear feet)
0 (linear feet)
S3: Pipe Crossing
45 (linear feet)
0 (linear feet)
S4: Pipe Crossing
43 (linear feet)
0 (linear feet)
S5: Pipe Crossing
38 (linear feet)
0 (linear feet)
S6: Pipe Crossing
53 (linear feet)
0 (linear feet)
S7: Pipe Crossing
42 (linear feet)
0 (linear feet)
S9: Pipe Crossing
40 (linear feet)
0 (linear feet)
S10: Pipe Crossing
42 (linear feet)
0 (linear feet)
S11: Access Road
76 (linear feet)
0 (linear feet)
S12: Pipe Crossing
41 (linear feet)
0 (linear feet)
S13: Pipe Crossing
65 (linear feet)
0 (linear feet)
S14: Pipe Crossing
48 (linear feet)
0 (linear feet)
S15: Pipe Crossing
49 (linear feet)
0 (linear feet)
S17: Pipe Crossing
52 (linear feet)
0 (linear feet)
Buffers - Zone 1
131: Pipe Installation/Maint. Corridor
1,006 (square feet)
1,492 (square feet)
132: Pipe Installation/Maint. Corridor
333 (square feet)
1,067 (square feet)
Southeast Regional Lift Station
DWR #19-0208
401 AND BUFFER APPROVAL
Page 3 of 6
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
133: Pipe Installation/Maint. Corridor
1,087 (square feet)
1,914 (square feet)
64: Pipe Installation/Maint. Corridor
1,458 (square feet)
2,289 (square feet)
137: Access Corridor
0 (square feet)
2,312 (square feet)
135: Pipe Installation/Maint. Corridor
1,275 (square feet)
1,648 (square feet)
B10: Pipe Installation/Maint. Corridor
1,401 (square feet)
2,859 (square feet)
139: Pipe Installation/Maint. Corridor
1,129 (square feet)
1,715 (square feet)
1311: Access Corridor
0 (square feet)
1,130 (square feet)
B14: Pipe Installation/Maint. Corridor
1,081 (square feet)
1,914 (square feet)
B15: Pipe Installation/Maint. Corridor
1,231 (square feet)
2,120 (square feet)
B16: Pipe Installation/Maint. Corridor
1,204 (square feet)
2,546 (square feet)
B17: Pipe Installation/Maint. Corridor
1,506 (square feet)
1,600 (square feet)
B18: Pipe Installation/Maint. Corridor
978 (square feet)
2,264 (square feet)
B19: Pipe Installation
0 (square feet)
97 (square feet)
B20: Access Corridor
0 (square feet)
4,121 (square feet)
B21: Pipe Installation/Maint. Corridor
1,336 (square feet)
2,950 (square feet)
B22: Pipe Installation/Maint. Corridor
1,285 (square feet)
2,735 (square feet)
B23: Pipe Installation
0 (square feet)
154 (square feet)
Buffers - Zone 2
131: Pipe Installation/Maint. Corridor
676 (square feet)
990 (square feet)
132: Pipe Installation/Maint. Corridor
4,440 (square feet)
3,028 (square feet)
133: Pipe Installation/Maint. Corridor
1,294 (square feet)
1,374 (square feet)
134: Pipe Installation/Maint. Corridor
4,703 (square feet)
5,938 (square feet)
137: Access Corridor
0 (square feet)
1,733 (square feet)
138: Access Corridor
0 (square feet)
350 (square feet)
65: Pipe Installation/Maint. Corridor
778 (square feet)
1,171 (square feet)
136: Pipe Installation
0 (square feet)
98 (square feet)
B4: Pipe Installation/Maint. Corridor
5,004 (square feet)
3,175 (square feet)
139: Pipe Installation/Maint. Corridor
697 (square feet)
1,358 (square feet)
1311: Pipe Installation/Maint. Corridor
143 (square feet)
2,890 (square feet)
B12: Pipe Installation
0 (square feet)
362 (square feet)
B13: Pipe Installation
0 (square feet)
205 (square feet)
B14: Pipe Installation/Maint. Corridor
694 (square feet)
1,281 (square feet)
B15: Pipe Installation/Maint. Corridor
1,344 (square feet)
1,632 (square feet)
B16: Pipe Installation/Maint. Corridor
1,076 (square feet)
2,231 (square feet)
B17: Pipe Installation/Maint. Corridor
2,308 (square feet)
1,668 (square feet)
B18: Pipe Installation/Maint. Corridor
796 (square feet)
2,225 (square feet)
Southeast Regional Lift Station
DWR #19-0208
401 AND BUFFER APPROVAL
Page 4 of 6
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
B19: Pipe Installation
0 (square feet)
2,191 (square feet)
B20: Access Corridor
0 (square feet)
2,234 (square feet)
B21: Pipe Installation/Maint. Corridor
729 (square feet)
2,009 (square feet)
B22: Pipe Installation/Maint. Corridor
752 (square feet)
2,147 (square feet)
B23: Pipe Installation
0 (square feet)
950 (square feet)
2. Compensatory Mitigation Using the Division of Mitigation Services & a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the Division of Mitigation Services (DMS) and
Wildlands Holdings V, LLC-Wolfe Mitigation Bank Instrument and the North Fork Little River
Nutrient Offset & Buffer Bank to meet this mitigation requirement. Until DMS and Wildlands
Holdings V, LLC receives and clears your payment, and proof of payment has been provided to
this Office, no impacts specified in this Authorization Certificate shall occur. For accounting
purposes, this Authorization Certificate authorizes payment to DMS and Wildlands Holdings V,
LLC to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory
Bank Sponsor
River & Sub -basin
Mitigation Required
Number
Buffer -Zone 1
48,930 (square feet)
Wildlands Holdings V, LLC
03020201-Falls Lake
& NC DMS
Watershed
Buffer -Zone 2
38,151 (square feet)
Wildlands Holdings V, LLC
03020201-Falls Lake
& NC DMS
Watershed
Total:
87,081 (square feet)
3. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .02001 including but
not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A
NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business
day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the time
the applicant becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its causes; the period of noncompliance, including exact
dates and times, if the noncompliance has not been corrected, the anticipated time compliance
is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case -by -case basis.
Southeast Regional Lift Station
DWR #19-0208
401 AND BUFFER APPROVAL
Page 5 of 6
4. 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. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
5. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification and
Buffer Authorization. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold,
the new owner must be given a copy of this approval letter and General Certification and is
responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification and Buffer Authorization can be contested as provided in General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.comz or by calling the OAH
Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Southeast Regional Lift Station
DWR #19-0208
401 AND BUFFER APPROVAL
Page 6 of 6
If sending via delivery service
(e.g. UPS, Fed Ex):
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Stephanie
Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or concerns.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 4133
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Linda Diebolt via e-mail at Idiebolt@hazenandsawyer.com