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Home My WebLink About19990813 Ver 4_Approval Letter_20110502 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary May 2,2011 DWQ Project#99-0813, Ver. 4 Orange County Mr. Eric Peterson Town of Hillsborough P.O. Box 429 Hillsborough,NC 27278 Subject Property: Cates Creek Sewer Extension Ut to Cates Creek[030401,27-2-8, 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-REVISED Dear Mr. Peterson: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 0.008 acres of 404/wetland(temporary impact),47 linear feet of perennial stream(temporary impact), 59 linear feet of intermittent stream(temporary impact) and 15,684 square feet of Zone 1 Neuse River basin protected riparian buffers and 36,767 square feet of Zone 2 Neuse River basin protected riparian buffers, as described in your application dated April 11, 2011, and received by the Division of Water Quality(DWQ)on April 14,2011,to construct the proposed sewer line extension project at the site. After reviewing your application,we have decided that the impacts are covered by General Water Quality Certification Number(s)3819(3819). The Certification(s)allows you to use Nationwide Permit(s)NW 12,when issued by the US Army Corps of Engineers(USACE). This Certification replaces the Certification issued April 29,2011. 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: Wetlands,Duffers,Stonnwater,Compliance and Permitting Unit(VdeBSCaPe) 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 Phone:919-807-6301 1 FAX:919-807-6494 Internet.hltpJ/portal ncdenr.org/webwcl/ws An Equal Opportunity 1 Affirmative Action Emplo,er Town of Hillsborough Page 2 of 4 May 2,2011 Type of Impact Amount Approved(Units) Plan Location or Reference 404/Wetland 0.008(linear feet)—temporary impact PCN application page 5 of 13 Stream-perennial 47(linear feet)—temporary impact PCN application page 5 of 13 Stream-intermittent 59(linear feet)—temporary impact PCN application page 5 of 13 Buffers Zone 1 15,684(square ft.) PCN application pages 7 and 8 of 13 Buffers Zone 2 36,767(square ft.) PCN application pages 7 and 8 of 13 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 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 downstream 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; 6. 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 Town of Hillsborough Page 3 of 4 May 2,2011 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. 7. 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 Wetlands, Buffers, Stormwater,Compliance and Permitting Unit (WeBSCaPe),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 sixty(60)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:OOam and 5:OOpm, 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: (919)-431-3000, Facsimile: (919)-431-3100 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 a petition is filed,this Certification shall be final and binding. Town of Hillsborough Page 4 of 4 May 2,2011 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 919-807-6301. Sincerely, .�L Coleen H. Sullins CHS/ijm Enclosures: GC3819 Certificate of Completion cc: USACE Raleigh Regulatory Field Office Lauren Witherspoon, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Nicole Thomson, S&EC, P.A. 11010 Raven Ridge Road,Raleigh,NC 27614 Ren Ivens, Orange County Planning,200 South Cameron Street,P.O. Box 8181,Hillsborough,NC 27278 Filename: 990813 Ver4CatesCreekSewerExtension(Orange)401_NBR_Revised