HomeMy WebLinkAbout20030426 Ver 1_Approval Letter_20030523 (3)OF WA TF R Michael F. Easley, Governor
Q William G. Ross Jr., Secretary.
Q North Carolina Department of Environment and Natural Resources
- ?? Alan W. Klimek, P.E., Director
y Division of Water Quality
O ?
Division of Water Quality
May 23, 2003
City of Raleigh
J. Russell Allen; City Manager
222.West I ett 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. 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) 711-17RA (nhnnn\ Q1Q_7T4_hRQ2 (fav) (httn•//h7n - ctnty no lie/n--fl-le
Beaverdam Sewer line Restokion
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 SewiWnlle; Citly of ?, °- 0
Raleigh, NC, dated April 7, 2003 and authorized in the above mentioned written approval, must be completed by April I;
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.
Attachments: GC # 3376 (March 18,2002), COC .
Sincerely,
1
Klime
®rct 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