20110930 Ver 1_Approval Letter_20120104

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NC®EN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E Dee Freeman
Governor Director Secretary
January 4 2012
Wake County
DWQ Project No 201109-)0
Marvino Lane at Glenwood Ave
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Mr Carl Dawson Director of Public Works
City of Raleigh
P O Box 590
Raleigh NC 27602
Dear Mr Dawson
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
extending Marvmo Lane and improving the intersection with Glenwood Ave (US 70) in Wake County
Stream Impacts in the Neuse River Basin
Site
Permanent Fill in Perennial Stream (linear ft)
Total Stream Impact (Imcar ft)
1
62
62
Total
62
62
Total Stream Impact for Project 62 linear feet
Wetland Impacts in the Neuse River Basin
Site
Permanent Fill (ac)
Total Wetland Impact (ac)
1
042
042
Total
042
042
Total Wetland Impact for Project 0 42 acres
Open Water (Pond) Impacts in the Neuse River Basin
Site
Permanent Impact to Open Waters ac
Total Impact to Open Waters ac
1
007
007
Total
007
007
Total Open Water impact for Project 0 07 acres
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1650
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone] Customer Service 1877-623 6748
Internet www ncwaterquality orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturall

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C®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E Dee Freeman
Governor Director Secretary
Neuse Riparian Buffer Impacts
Site
Zone 1 impact
(sq ft)
Zone 1 Buffer Mitigation
Required (using 3 1 ratio)
4
Zone 2 Impact
(sq ft )
Zone 2 Buffer Mitigation
Required (using 15 1 ratio)
1
14477
4 -)431
X4-1
10501
15752
2
2771
831-
4271
6406
3
0
N/A
5.)6
N/A
Totals
17248
51744
15308
22158
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact no mitigation required
Total Buffer Impact for Project 32 556 square feet
The project shall be constructed in accordance with your application dated received October 19 2001 and revised
December 22 2011 After reviewing your application we have decided that these impacts are covered by General
Water Quality Certification Number 3820 This certification corresponds to the Nationwide Permit 14 issued by the
Corps of Engineers This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B 023 -1) In
addition you should acquire any other federal state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control Non Discharge and Water Supply Watershed regulations This
approval will expire with the accompanying 404 permit
This approval is valid solely for the purpose and design described in your application (unless modified below)
Should your project change you must notify the DWQ and submit 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 the conditions If total wetland fills for this project (now or in the future) exceed one acre or of total
impacts to streams (now or in the future) exceed 150 linear feet compensatory mitigation may be required as
described in 15A NCAC 2H 0506 (h) (6) and (7) For this approval to remain valid you must adhere to the
conditions listed below and in the attached certification
Conditions of Certification
1 Compensatory mitigation for impacts to Neuse Riparian Buffers is required The mitigation requirement includes
51 744 square feet of Zone 1 Buffers and 22 158 square feet of Zone 2 Buffers We understand that you have
chosen to debit mitigation from the Forrest Creek Mitigation Bank (DWQ Project #20080229) purchased from EBX
Neuse I LLC This certification gives approval to the debiting of 7.) 902 square feet of Neuse Buffer from the
Forrest Creek Mitigation Bank in order to satisfy the buffer mitigation requirements of this project Mitigation
credits must be purchased by the permittee before construction on this project may begin and a receipt copy must be
sent to the DWQ Transportation Permitting Unit
2 Unless otherwise approved in this certification placement of culverts and other structures in open waters and
streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater
than 48 inches and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches to allow
low flow passage of water and aquatic life Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis equilibrium of
wetlands or streambeds or banks adjacent to or upstream and down stream of the above structures The applicant is
required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ If this
condition is unable to be met due to bedrock or other limiting features encountered during construction please
contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be
required
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1650
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone] Customer Service 1877-623 6748
Internet www ncwaterguality orn
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Naturdilly

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
3 If multiple pipes or barrels are required they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate Widening the stream
channel should be avoided Stream channel widening at the inlet or outlet end of structures typically decreases
water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage
4 For all streams being impacted due to site dewatering activities the site shall be graded to its preconstruction
contours and revegetated with appropriate native species
5 The stream channel shall be excavated no deeper than the natural bed material of the stream to the maximum
extent practicable Efforts must be made to minimize impacts to the stream banks as well as to vegetation
responsible for maintaining the stream bank stability Any applicable riparian buffer impact for access to stream
channel shall be temporary and be revegetated with native riparian species
6 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities unless
otherwise approved by this certification All stormwater treatment devices shall be maintained by the permittee as
described in the Operation and Maintenance Agreement included in the permit application
7 All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated Maintained buffers shall be permanently revegetated with non woody
species by the end of the growing season following completion of construction For the purpose of this condition
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular
transportation maintenance activities including mowing The area with non maintained buffers shall be permanently
revegetated with native woody species before the next growing season following completion of construction
8 Pursuant to 15A NCAC 2B 0233(6) sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by NCDWQ At this time NCDWQ has approved no sediment and erosion
control devices in Zone 1 outside of the approved project impacts anywhere on this project Moreover sediment
and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and
that discharge is released as diffuse flow
9 If concrete is used during construction a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water Water that inadvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills
10 Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage Bioengineering boulders or structures should be properly designed sized and installed
11 During the construction of the project no staging of equipment of any kind is permitted in waters of the U S or
protected riparian buffers
12 The dimension pattern and profile of the stream above and below the crossing shall not be modified Disturbed
floodplams and streams shall be restored to natural geomorphic conditions
13 The use of rip rap above the Normal High Water Mark shall be minimized Any rip rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1650 One
Location 512 N Salisbury St Raleigh North Carolina 27604 NorthCarohna
Phone [phone] FAX [phone] Customer Service 1877-623 6748 Naturally www ncwaterguality or9
An Equal Opportunity 1 Affirmative Action Employer

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E Dee Freeman
Governor Director Secretary
14 The Permittee shall ensure that the final design drawings adhere to the per -nit and to the permit drawings
submitted for approval
15 All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures from
the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags rock berms
cofferdams and other diversion structures shall be used to prevent excavation in flowing water
16 Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream
17 All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels lubricants hydraulic fluids or other toxic materials
18 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
19 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
20 The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and
any other appropriate requirements of State and Federal law If NCDWQ determines that such standards or laws are
not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being
violated or that furthei conditions are necessary to assure compliance NCDWQ may reevaluate and modify this
certification
21 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise
authorized by this certification
22 A copy of this Water Quality Certification shall be maintained on the construction site at all times In addition
the Water Quality Certification and all subsequent modifications if any shall be maintained with the on site project
manager
23 The outside buffer wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification
24 The issuance of this certification does not exempt the Permittee from complying with any and all statutes rules
regulations or ordinances that may be imposed by other government agencies (i e local state and federal) having
jurisdiction including but not limited to applicable buffer rules stormwater management rules soil erosion and
sedimentation control requirements etc
25 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1650
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone] Customer Service 1877-623 6748
Internet www rimaterguality orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna

2=
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
26 Upon completion of the project (including any impacts at associated borrow or waste sites) the permittee shall
complete and return the enclosed Certification of Completion Form to notify NCDWQ when all work included in
the 401 Certification has been completed
27 Native riparian vegetation (i e trees and shrubs native to your geographic region) must be reestablished in the
riparian areas within the construction limits of the project by the end of the growing season following completion of
construction
28 There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
permit without appropriate modification Should waste or borrow sites or access roads to waste or borrow sites be
located in wetlands or streams compensatory mitigation will be required since that is a direct impact from road
construction activities
29 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 Ei osion
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 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
30 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification
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
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1650
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 - 807 -6300 \ FAX 91M07 6492 \ Customer Service 1877-623-6748
Internet www ncwaterouality org
An Equal Opportunity \ Affirmative Action Employer
NorthCarolina
Naturalfi,

Aj'A
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
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) 7.3.) 2698 Facsimile [phone]
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 If you
have any questions please contact Rob Ridings at 919 807 6403
Attachments (General Certification and Certificate of Completion form)
cc Withers & Ravenel Wilmington NC
Jamie Sherri US Army Corps of Engineers Raleigh Field Office
Matthew Fisher Environmental Banc & Exchange
DWQ Raleigh Regional Office
File Copy
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1650
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] \ FAX [phone] \ Customer Service 1877-623 6748
Internet www ncwaterguality orq
An Equal Opportunity \ Affirmative Action Employer
Sincerely
Charles Wakild
NorthCarolina
Naturally