20100211 Ver 1_More Info Received_20100426

Mcmillan, Ian
From: Lee Campbell [[e-mail]]
Sent: Monday, April 26, 2010 5:15 PM
To: Mcmillan, Ian; Chapman, Amy
Cc: Brian Johnson
Subject: DWQ Project No. 10-0211
Attachments: 401 cert.pdf
Ian,
We have discovered what we believe to be an error in the 401 Water Quality Certification and Authorization Certificate for
the Town of Cary Parallel Force Mains Project for Walnut Creek (DWQ Project # 10-0211). In the PCN Application, the
square footage we recorded for total mitigation was for Zone 1 and Zone 2, and this should have only been Zone 1. We
had a quantity of 4,895 square feet for item 4d on page 7 of the PCN, but should have only had 2,248 square feet.
However, the Authorization Certificate corrected this mistake and only is asking for mitigation from Zone 1. However, the
square footage listed on page 3 of the Authorization Certificate, as well as the Summary of Permitted impacts list the
impact is 3,292 square feet, with a required mitigation of 4,938 square feet. We're unsure where these numbers came
from since our zone 1 was 2,248 square feet. I haved attached a copy of the authorization with these discrepancies
highlighted for your convenience.
With all of this being said, we have gathered additional survey on the creek in this area and have a more accurate
representation of the centerline of creek, the top of stream bank and the buffers. This slight adjustment in the buffers, as
well as a slight adjustment of force main alignment due to NCDOT comments, has led to a decrease zone 1 and zone 2
areas impacted, yielding a final impact of 1,701 square feet for zone 1, and 1,729 square feet for zone 2. We believe the
only mitigation that the Town should be liable for is 1,701 square feet, with a multiplier of 3, for 5,103 square feet.
How do we need to proceed with getting all information correct and ensuring the Town is properly covered? Thanks in
advance for your help in this matter.
D. Lee Campbell, Jr., P.E.
THE WOOTEN COMPANY
120 N. Boylan Ave.
Raleigh, NC 27603
tel: [phone]
fax: [phone]
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NCDERR
.North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Ms. Betsy Drake
Town of Cary
316 N. Academy Street
Cary, NC 27513
Subject Property:
April 6, 2010
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Dee Freeman
Secretary
DWQ Project # 10-0211
Wake County
Town of Cary - Parallel Force Mains Project - Walnut Creek
Walnut Creek (030402, 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) with Additional Conditions
Dear Ms. Drake:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.02 acres of 404/wetland, and 2,248 square feet of Zone 1 Neuse River basin
protected riparian buffers and 2,647 square feet of Zone 2 Neuse River basin protected riparian buffers, as
described in your application dated February 9, 2010, and received by the Division of Water Quality
(DWQ) on March 17, 2010, with additional information received from you on March 25, 2010, to
construct the proposed force mains project at the site. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number(s) 3699 (GC3699). The
Certification(s) allows you to use Nationwide Permit(s) NW 12 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is 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 a new 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 or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] t FAX: [phone]
Internet: hap://h2o.enr.state.nc.us/ncwetiands/
NonrthCarolina
Natitrally
An Eoual Opportunity t Affirmative Action Employer
Town of Cary
Page 2 of 4
March 6, 2010
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.02 acres PCN a lication page 5 of 11
Buffers Zone 1 , 4 (square ft.) 1?0 ( PCN a lication page 6 of 11
Buffers Zone 2 2,647 s ware ft.) PCN application page 6 of l I
C-4a eJ Qte 4o rCal'\R,n"f + ea,e d,_J b,ACr-- lent
2. No Waste, Spoil, Solids, or Fill of Any Kind J
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
5. 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;
Mitigation:
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you have agreed to provide wetland mitigation for proposed wetland impacts and
wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem
1
Town of Cary
Page 3 of 4
March 6, 2010
Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by
the DWQ to be a suitable method to meet the mitigation requirement and additional mitigation
commitment. Until the EEP receives and clears your check (made payable to: DENR -
Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate
shall occur. The EEP should be contacted at [phone] if you have any questions
concerning payment into a restoration fund. You have 60 days from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Wetlands Restoration Fund to meet the following compensatory
mitigation requirement:
Type of Impact C ensator Miti ation Required River and Sub-basin Number
Buffer Zone 1 4,938 uare feet Neuse/03020201
7. Diffuse Flow
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B .0233(5). However, if diffuse flow as per 15A NCAC 02B .0233(5) is not
achieved, then the DWQ shall be notified and corrective actions to restore diffuse flow shall be
taken if necessary to impede the formation of erosion gullies. At no time shall stormwater from
the proposed development be piped directly through the buffer without prior DWQ written
authorization.
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative hearings.
You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
Town of Cary
Page 4 of 4
March 6, 2010
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 213 .0233. If you have
any questions, please telephone Ian McMillan or Amy Chapman at 919-733-1786.
Since ly,
Coleen H. Sullins
CHS/ijm
Enclosures: GC3699
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
W. Brian Johnson, The Wooten Company, 120 N. Boylan Avenue, Raleigh, NC 27603
Filename: 100211 TOCaryParallelForeeMainsProjeetWalnutCreek(Wake)401 _NBR
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 2H.0500 Ms. Betsy Drake and the Town of Cary, have permission to fill or
otherwise impact 0.02 acres of 404/wetland, and 2,248 square feet of Zone 1 Neuse River basin protected riparian
buffers and 2,647 square feet of Zone 2 Neuse River basin protected riparian buffers, associated with the
construction of the proposed force mains project at the site, located in the Town of Cary in Wake County, North
Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the
attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME Walnut Creek Parallel Force Main
DWQ PROJECT #: 20100211
LOCATION: Cary
COUNTY Wake
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigabee impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
impacts Mitigation'
3,292 ,)Square Feet Zone 1Buffers 4 938 uare Feet Zone 1Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 211.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS RFEN PROCFSSFD BY THE F,COSYTF,M ENHANCMFNT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: http://h2o.enr.state,nc.us/ncwe0andst
Filename: 20900211TOCaryParallelForceMainsProjectWalnutCreek(Wake)401 NBR EEP
Noni thCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer