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HomeMy WebLinkAbout20030426 Ver 1_Fax_20030523\N A-r RP Michael F. Easley, Governor William G. Ross Jr., Secretary `Q North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources Wetlands/401 Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #- 919-733-1786 Fax #- 919-733-6893 Fag To: Company: Number of pages including cover sheet: Fax #: Date: 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) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/nawetiands Notes or special instructions: WA TF_ Michael F. Easley, Governor William G. Ross Jr., Secretary . Q North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director =7i Division of Water Quality `0 17 ? 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. Typha 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/ncwedands/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. 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 7g4_77Rh Mhnnnl Q10_7Q'?_hRO? lfovl (httn•//hen onr ctatn nr nc/nrmctl?nAc Beaverdam Sewer line Restoration DWQ 03-0426 Page 2of2 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/Wedands Unit web site at httn://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 t r, 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