20100110 Ver 1_Approval Letter_20100616

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 16, 2010
DWQ Project # 10-0110
Wake County
Mr. Aaron Brower
City of Raleigh Public Utilities Department
One Exchange Plaza, Suite 620
Raleigh, NC 27601
City of Raleigh - Poplar Creek Sewer Line
Poplar Creek [030402, 27-35, 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 Mr. Brower:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 1.303 acres of 404/wetland (0.294 acres permanent impact and 1.009 acres
temporary impact), 704 linear feet of perennial stream (406 linear feet permanent impacts and 298 linear
feet temporary impacts), and 37,397 square feet of Zone 1 Neuse River basin protected riparian buffers
and 31,229 square feet of Zone 2 Neuse River basin protected riparian buffers, as described in your
revised application dated June 1, 2010, and received by the Division of Water Quality (DWQ) on June 10,
2010, with additional information received from you on June 14, 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) 3819 (GC3819). 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
401 OversightlExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hftp://portal.ncdenr.org/web/wgtws
An Equal Opportunity 1 Affirmative Action Employer
One
NhCarohna
Naturally
City of Raleigh
Page 2 of 4
June 16, 2010
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:
Type of. Impact Amount Approved nits Plan Location or Reference
404/Wetland 1.303(acres) PCN application page 6 of 14
Stream - perennial 704 [(linear feet) 406 linear feet permanent PCN application page 7 of 14
impacts and 298 linear feet temporary
impacts]
Buffers Zone 1 37,397 (square ft.) PCN application pages 9 and
10 of 14
Buffers Zone 2 31,229 (square ft.) PCN application pages 9 and
10 of 14
2. No Waste, Spoil, Solids, or Fill of Any Kind
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
stoimwater routing and treatment shall be un 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;
City of Raleigh
Page 3 of 4
June 16, 2010
Mitigation:
6. Compensatory Mitigation Using the EarthMark Mitigation Services
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 EarthMark Mitigation Services to meet this mitigation requirement.
This has been determined by the DWQ to be a suitable method to meet the mitigation
requirement. Until the EarthMark Mitigation Services receives and clears your check, no impacts
specified in this Authorization Certificate shall occur. The EarthMark Mitigation Services 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 EarthMark Mitigation
Services to meet the following compensatory mitigation requirement:
Type of Impact Com ensato Mitigation Required River and Sub-basin Number
Stream 406 (linear feet) Neuse/03020201
Buffer Zone 1 6,045 (square 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, 27699-100.
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:
City of Raleigh
Page 4 of 4
June 16, 26 10
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
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
Unless such demands are made, this Certification shall be final and binding.
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 2B .0233. If you have
any questions, please telephone Ian McMillan or Amy Chapman at 919-733-1786.
Sincerely,
Coleen H. Sullins
CHS/i m
Enclosures: GC3819
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Thomas Colson. F&R, Inc., 310 Hnhert Street; Rale+oh; NC 27603
Filename: 10011000RaleighPoplarCreekSewerLine(Wake)401 NBR