20061203 Ver 2_Approval Letter_20100716

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July-16, 2010
Western Wake Regional Wastewater Management Facilities Project Partners
Attn.: Mr. Steve Brown
Town of Cary
420 James Jackson Avenue
Cary, NC 27513
Re: Western Wake Regional Wastewater Management Facilities, Wake County
DWQ #2006-1203; USACE Action ID. No. 200620159
APPROVAL of 401 Water Quality Certification
Dear Mr. Brown:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3833 issued to the Western Wake Regional Wastewater
Management Facilities Project Partner, dated July 16, 2010. In addition, you should get any other federal,
state or local permits before you go ahead with your project including (but not limited to) Solid Waste,
Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed
regulations.
If we can be of further assistance, do not hesitate to contact us.
CHSIcbk
Attachments: Certificate of Completion
Sincerely,
Q' Coleen H. Sullins
cc: Monte Matthews, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Henry Wicker, Wilmington District, U.S. Army Corps of Engineers
Danny Smith, DWQ, Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Ruth Swanek, CH2MHILL, 3125 Poplarwood Ct., Suite 304, Raleigh, NC, 27604
Evan Kane, DWQ, Aquifer Protection Section
Melba McGee, Office of Legislative Affairs
Filename: 20061203 W WPWTP(Wake)401
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:llh2o.enr.state.nc.us/ncwetlands/
NofthCarolina
NatundY
An Equal Opportunity 1 Affirmative Action Employer
Western Wake Regional Wastewater Management Facilities Project Partners
Page 2 of 4
July 16, 2010
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS 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 to Western Wake Regional Wastewater Management Facilities
Project Partners to fill 0.82 acre of jurisdictional wetlands and 378 linear feet of streams in the Cape Fear
River Basin, associated with the construction of the Western Wake Regional Wastewater Management
Facilities in Wake County, North Carolina, pursuant to Public Notices Published by the U.S. Army Corps of
Engineers on December 18, 2009 and February 9, 2010, as well as an application submitted on the 3`d day
of May of 2010, and in additional correspondence received June 17, 2010.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The fcIL-?, ing impacts arc hereby approved long ac 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:
Amount Approved (Units) Plan Location or Reference
Stream 378 (feet) Application received May 3,
2010
404 Wetlands 0.82 (acres) Application received May 3,
2010
Sediment and Erosion Control:
2. 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.
Western Wake Regional Wastewater Management Facilities Project Partners
Page 3 of 4
July 16, 2010
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
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 404/4011'ermit Application. 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;
4. Sediment and erosion control measures should not be placed in wetlands or waters without approval
by 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.
Continuing Compliance:
Western Wake Regional Wastewater Management Facilities Project Partners shall conduct
construction activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and any
other appropriate requirements of State law and federal law. If the Division determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved use)
of tllat Statc or federal lam i6 being violated, or that f Lrthcr conditions are necessary to assure
compliance, the Division may reevaluate and modify this Certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15A
NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Western Wake
Regional Wastewater Management Facilities Project Partners and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 211.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 211.0504. Any new or revised
conditions shall be provided to Western Wake Regional Wastewater Management Facilities
Project Partners in writing, shall be provided to the United States Army Corps of Engineers for
reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also
become conditions of the 404 Permit for the project;
Mitigation:
6. Compensatory Stream 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 wish to make a payment to the Stream Restoration Fund administered by the
NC Ecosystem 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. Until the
Western Wake Regional Wastewater Management Facilities Project Partners
Page 4 of 4
July 16, 2010
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 stream
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
_
Stream 378 (feet) CPF 030605
Other conditions:
8. Pesticides (including insecticides and herbicides) shall not be used for maintenance rights-of-way
within 100 feet of perennial streams and 50 feet of intermittent streams, or within floodplains and
wetlands associated with these streams.
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 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 16th day of July 2010
DIVISION OF WATER QUALITY
/ Coleen H. Sullins
CHSIcbk
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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, Western Wake Regional Wastewater Management Facilities
Project Partners have permission as outlined below to impact 378 linear feet of streams associated with the
Western Wake Regional Wastewater Management Facilities in Wake County. 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
DWQ PROJECT #: 2006-1203
LOCATION: Western Wake Regional Wastewater Management Facilities
COUNTY Wake
BASIN/ SUB BASIN Cape Fear
As required by 15A NCAC 211.0500, and the conditions of this Certification, you are required to
compensate for the above mitigable impacts through the restoration, creation, enhancement or
preservation of surface waters as outlined below prior to conducting any activities that impact or degrade
the waters of the state.
Impacts Mitigation
378 Linear feet of Stream 378 Linear feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the
payment of a frre to the Stream Rc,6wiation Fund per ',,'CAC 2R.0503. If ycu choose this option, please
sign this form and mail the form along with a copy of your 401 Certification 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, IN ORDER TO REMAIN IN COMPLIANCE
WITH CONDITION 6 OF THE 401 WATER QUALITY CERTIFICATION, YOUR PAYMENT MUST
BE RECEIVED BY THE ECOSYTEM ENHANCMENT PROGRAM WITHIN 60 DAYS OF THE
ISSUANCE OF THE 401 CERTIFICATION.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 20061203 W WPW TP(Wake)EEPform
401 Oversight(Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Ste 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
Naturally
An Equal Opportunity 1 Affirmative Acton Employer