20030426 Ver 1_Approval Letter_20030523 (2)

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Division of Water Quality
May 23, 2003
City of Raleigh
J. Russell Allen, City Manager
222 West Hargett Street
Raleigh, NC 27602
SUBJECT: APPROVAL of 401 Water Quality Certification with Additional Conditions
Beaverdam Creek Sewer Line
DWQ 03-0426
Kyle Dr
Wake County
Dear Mr. Allen:
You have our approval, in accordance with the attached conditions (WQC # 3376) and the conditions listed below, to conduct
activities and implement restoration to 0.75 acres of wetlands, 520 linear feet of stream, and 41,300 square feet of Neuse River
Basin Riparian Buffer, along Beaverdam Creek, a Class "C" Nutrient Sensitive Waters in the Neuse River Basin.
This approval is only for the impacts associated with and within the footprint of the proposed restoration efforts of the above
listed activities and as described in your application received by the Division of Water Quality on April, 8, 2003 and in the
plans from Dewberry &Davis, Inc., labeled Beaverdam Creek Sewer Line, City of Raleigh, NC, dated April 7, 2003. We
have determined that General Water Quality Certification Number 3376 covers this activity. This Certification allows you to
use Nationwide Permit Number 32 when issued by the US Army Corps of Engineers. Please keep in mind that there may be
additional Federal, State and Local regulations applicable to your project, such as the Sedimentation and Pollution Control
Act, Non-Discharge and Water Supply Watershed Regulations, whereby you may be required to obtain permits and/or
approvals prior to beginning your project. In addition, this approval will expire when the accompanying 404 Permit expires
unless otherwise specified in the General Certification.
This approval is only valid for the purposes and designs that you described in your application and the above-mentioned
April 7, 2003 plans and as described below. If you change your project, you must notify the Division in writing and you may
be required to submit a new application for a new Certification. If the property is sold, the new owner must be given a copy
of the Certifications and approval letter and is thereby responsible for complying with all conditions. If total wetland
fill/impacts for this project (now or in the future) exceed one acre, or 150 feet of stream, compensatory mitigation may be
required as described in 15A NCAC 2H .0506. For this approval to be valid, you must follow the conditions listed in the
attached Certifications and the additional conditions listed below:
1. At least three days prior to beginning construction, you must deliver written notification to Mr. Danny Smith of this
office of your plans to begin construction.
2. In the plans, Tygha latifolia (Cattails) are proposed as one of the species to be planted in the restoration plan. This
species must be omitted from the planting list.
3. A final Stream Restoration Plan must be submitted to DWQ within 120 days of issuance of this 401 Water Quality
Certification. This plan must include your proposal for the physical restoration of the stream to appropriate dimensions,
pattern, and profile in order to meet the definition of the stream restoration found in the Internal, Technical Guide for Stream
Work in North Carolina. This plan must also include a final Planting Plan and Physical Stream Monitoring plan. You must
review and use the DWQ's guidance on Stream Restoration/Wetland Mitigation Success Criteria, NCDWQ,
http://h2o.enr.state.nc.us/ncwetlands/monitor.pdf in order to develop a monitoring plan. It is understood that stream
restoration efforts will occur along the Beaverdam Creek Sewer line. Accordingly, as a part of your restoration plan, if
hardened structures are required, please clearly indicate these locations, provide an account of why these are required, as well
as a summary of the total linear feet of hardened structure impact. Riparian Buffer, wetland, stream (physical) monitoring
must be conducted for a minimum period of three years following restoration and the results must be submitted in writing to
N
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(9191 7ZZ_17RFi lnhnnnl Q1Q_7ZZ_(,RQZ /foul lhrt„•//hen Pnr ctatP nr nc/nroiPtlanAc
Beaverdam Sewer line Restoration
DWQ 03-0426
Page 2 of 2
Division of Water Quality, Raleigh Regional'Office, 3800 Barrett Drive Raleigh NC 27609 and the 401 Wetland Unit in the
Central Office by June 1 of each year. DWQ written authorization for the stream restoration plan and monitoring plan must
be obtained prior to beginning restoration.
4. The restoration, as proposed in the plans from Dewberry &Davis, Inc., labeled Beaverdam Creek Sewer Line, City of
Raleigh, NC, dated April 7, 2003 and authorized in the above mentioned written approval, must be completed by April 1,
2004. It is required that a schedule with dates be submitted to DWQ within 120 days of the date of this approval which
describes how the restoration of the riparian zone, wetlands, and stream will be implemented to achieve the April 1, 2004
condition. Also, if the Division of Water Quality determines that the stream restoration has become unstable or is in need of
repair, the Division will notify you in writing and repairs must be concluded within 120 days of notification.
5. If the Division of Land Resources requires a Sedimentation and Erosion Control Plan for this project, it is a condition of
this Certification that the Sediment and Erosion Control plan be properly obtained and that full compliance with the Sediment
and Erosion Control Plan is maintained.
6. After project completion, as-built plans and the attached Certificate of Completion (COC) must be submitted to the
Division within 30 days of final construction/installation of the mitigation efforts.
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 from the date of receipt of this letter. To request a hearing, send a written petition that conforms to Chapter 150B of
the North Carolina General Statutes, to the Office of Administrative Hearings, PO Box 27447, Raleigh, NC 27611-7447. This
Certification and its conditions are final and binding unless you request a hearing.
This letter completes the review of DWQ Project # 03-0426 by the Division of Water Quality under Section 401 of the Clean
Water Act. If you wish to review any of the Water Quality Regulations mentioned here, you can download a copy through
the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. If you have any questions, please contact Danny
Smith at 919-733-9716 or Todd St. John at 919-733-9584.
Sincerely,
Attachments: GC # 3376 (March 18,2002), COC
1
Klime
Division of Water Quali
cc: Dewberry & Davis, Inc., 5505 Creedmoor Rd., Suite 150, Raleigh NC 27612-6352
Ken Schuster - Raleigh Regional Office
Danny Smith - Wetlands 401 Certification
File Copy
Central Files
US Army Corps of Engineers, Raleigh Field Office - John Thomas
WQC #3376
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBERS 3 (MAINTENANCE),
4 (FISH AND WILDLIFE HARVESTING DEVICES AND ACTIVITIES),
5 (SCIENTIFIC MEASUREMENT DEVICES), 6 (SURVEY ACTIVITIES),
7 (OUTFALL STRUCTURES), 19 (25 CUBIC YARDS OF FILL), 20 (OIL SPILL CLEANUP), 22
(REMOVAL OF VESSELS), 25 (STRUCTURAL DISCHARGE),
30( MOIST SOIL MANAGEMENT FOR WILDLIFE), 32 (COMPLETED ENFORCEMENT
ACTIONS), 36 (BOAT RAMPS rIN NONWETLAND SITESI). REGIONAL PERMIT 197800056
(PIERS, DOCKS AND BOATHOUSES) AND REGIONAL PERMIT 197800125 (BOAT RAMPS)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General 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 and 15 NCAC 2B .0200 for the
discharge of fill material to waters and wetland areas which are waters of the United States as
described in 33 CFR 330 Appendix A (B) (3, 4, 5, 6, 7, 19, 20, 22, 25, 30, 32, and 36) of the
Corps of Engineers regulations and Regional Permits 197800056 and 19780125 and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces
Certification Number 2745 issued on January 21, 1992, Water Quality Certification Numbers 3026
and 3027 issued on September 6, 1995, Certification Number 3127 issued on February 11, 1997
and Water Quality Certification Number 3290 issued on June 1, 2000. This WQC is rescinded
when the Corps of Engineers re-authorizes any of these Nationwide or Regional Permits or when
deemed appropriate by the Director of the Division of Water Quality.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
These activities do not require written concurrence from the Division of Water Quality as
long as they comply with all conditions of this General Certification. If any condition in this
Certification cannot be met, application to and written concurrence from DWQ are
required. Also, Condition No. 8 is applicable to all streams in basins with riparian area
protection rules;
2. If the activity is associated with or in response to a Notice of Violation or an enforcement
action initiated by DWQ or the Division of Land Resources, this General Certification
requires application to and prior written concurrence from the Division of Water Quality;
3. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
4. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the original grade restored within two months after the Division of Land Resources
has released the project;
WQC #3376
5. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
6. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
7. Access roads constructed for any of these permits shall be constructed so as to
minimize wetland fill as much as is practicable and shall be restored to grade
immediately after the project is completed. The site shall be re-vegetated with native
species which shall be in place within three months following construction or before
initiation of the next growing season;
8. In accordance with North Carolina General Statute Section 143-215.3D(e), any request
for written concurrence for a 401 Water Quality Certification must include the appropriate
fee. If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted and will be the higher of the two fees;
Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other river basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) requires written concurrence from DWQ in accordance
with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not need to
apply for written concurrence under this Certification. New development activities located
in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within
the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and
constructed in accordance with 15A NCAC 26 .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
10. Placement of culverts and other structures in waters, streams and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in aggradation, degradation
or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or
upstream and down stream of the above structures. The applicant is required to provide
evidence that the equilibrium shall be maintained if requested in writing by DWQ.
Additionally, when roadways, causeways or other fill projects are constructed across
FEMA-designated floodways or wetlands, openings such as culverts or bridges must be
provided to maintain the natural hydrology of the system as well as prevent constriction of
the floodway that may result in aggradation, degradation or significant changes in
hydrology of streams or wetlands. If more than 150 linear feet of additional stream is
filled, culverted, rip-rapped, relocated, excavated or dredged as a result of this permit,
then an application to DWQ is needed and compensatory mitigation may be required;
11. Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all
applicable water quality and effluent standards;
12. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of these corresponding Nationwide and Regional General Permits,
whichever is sooner;
WQC #3376
13. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
shall result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland, stream or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 18 March 2002
DIVISION OF WATER QUALITY
By
Gregory J. Thorpe, Ph.D.
Acting Director
WQC # 3376