20110728 Ver 1_Approval Letter_20110830

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
August 30; 2011
DWQ Project # 11-0728
Wake County
Danny Bowden, PE, MPA
City of Raleigh Public Works Department/Stormwater Utility Division
222 West Hargett Street, PO Box 590
Raleigh, NC 27602
Subject Property: 549 Bragg Street Storm Drainage Repairs
UT to Walnut Creek [030402, 27-34-(4), 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. Bowden:
You have our approval, in accordance with the attached conditions and those listed below, to fill or otherwise
impact 10 linear feet of perennial stream channel (permanent impacts) and 1,050 square feet of Zone 1 Neuse
River basin protected riparian buffer and 690 square feet of Zone 2 Neuse basin protected riparian buffer by
replacing a storm drainage pipe and grading for positive drainage to prevent flooding at the residence at 549
Bragg Street, as described in your application dated August 4, 2011, received by the Division of Water Quality
(DWQ) on August 8, 2011, and additional information received on August 24, 2011. After reviewing your
application and additional information, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3689 (GC3689). The Certification(s) allows you to use Nationwide Permit(s) NW13
when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. 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 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.
North Carolina Division of Water Quality
Internet: www.ncwaterquality.org
Raleigh Regional Office
1628 Mail Service Center
No hCarolina
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Surface Water Protection Phone [phone] Customer Service
Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2
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:
Type of Im act Amount Approved Units PIan Location or Reference
Stream - .perennial 10 linear feet permanent impact a e 5 of I 1
Buffers Zone 1 1,050 s uare ft. ermanent im act E
aoe 7 of 11
Buffers Zone 2 690 (s uare ft.) ermanent im act a e 7 of I 1
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 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;
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5. 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
.0259(5)
6. 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 to ensure compliance with 15 NCAC 2H, Section
.0500.
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 8:00am 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)-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
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Unless such a petition is filed, 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 River basin riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any
questions, please telephone Lauren Witherspoon, at 919-791-4251.
oncer ly,
Danny Sm'
12
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures: GC 3689
Certificate of Completion
cc: Jamie Shern - USACE Raleigh Regulatory Field Office
DWQ Central Office - WeBSCaPe - 1650 Mail Service Center
RRO File Copy
Becky Ward, PE, Ward Consulting Engineers, PC, 8368 Six Forks Road, Suite 104, Raleigh, NC 27615
Filename: 11-0728_549 Bragg Street Drainage Reppairs_401_NBR_Approval