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Home My WebLink About20040838 Ver 6_Approval Letter_20120307AV4A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklid PE Dee Freeman Governor Director Secretary March 7 2012 DWQ Project # 04 0838 v 6 Vic Lebsock Wake County 222 Hargett Street Suite 601 Raleigh NC 27601 Subject Property City of Raleigh — Walnut Creek Greenway Walnut Creek [030401 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 Sir You have our approval in accordance with the attached conditions and those listed below to fill or otherwise impact 0 11 acre of 404 wetland (temporary impacts) 0 03 acre of 404 wetland (permanent impacts) 60 linear feet of stream channel (temporary impacts) 26 950 square feet of Zone 1 Neuse River basin protected riparian buffer (permanent impacts) and 26 285 square feet of Zone 2 Neuse River basin protected riparian buffer (permanent impacts) for a greenway project as described in your application received by the Division of Water Quality (DWQ) on November 28 2011 (dated November 23 2011) and additional information received on December 22 2011 (dated December 21 2011) January 23 2012 (dated January 20 2012) February 9 2012 and March 7 2012 After reviewing your application we have decided that the impacts are covered by General Water Quality Certification Number(s) 3820 (GC3820) The Certification(s) allows you to use Nationwide Permit(s) NW 14 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 213 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 NorthCarolma Naturall1 Surface Water Protection Phone (919) 791 -4200 Customer Service Raleigh NC 27699 1628 FAX (919) 788 7159 877 623 6748 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 and /or temporary impacts Type of Impact Amount Approved Units Plan Location or Reference 404 Wetland 0 11 (acre) temporary clearing impact PCN page 5 — revised January 20 2012 404 Wetland 0 03 acre permanent impact PCN page 5 — revised January 20 2012 Stream 60 linear feet temporary impact PCN page 5 — revised January 20 2012 Buffers Zone 1 26 950 (square ft) permanent impact PCN page 8 — revised January 20 2012 Buffers Zone 2 26 285 (square ft) permanent impact PCN page 8 — revised January 20 2012 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 i Page 3 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 0233(5) or if this is not possible it is necessary to provide stormwater facilities that are considered to remove nitrogen 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 Notification of PrQlect Commencement Please notify DWQ (Lauren Witherspoon at (919) 791 4251 or lauren witherspoonAncdenr gov) of the proposed start date of the protect 8 Signed and Sealed Plans Prior to project commencement please provide two copies of signed and sealed plans to DWQ 9 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 Page 4 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 Mall Service Center Raleigh NC 27699 1601 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 0233 If you have any questions please telephone Lauren Witherspoon at 919 791 4251 Si cer ly Danny Smith Surface Water Protection Section Supervisor Raleigh Regional Office Enclosures GC 3820 Certificate of Completion cc DWQ Central Office— WeBSCaPe Unit— 1650 Mail Service Center RRO File Copy Jamie Shern — USACE Raleigh Field Office Ben Crawford PE — Stewart Engineering 421 Fayetteville Street Suite 400 Raleigh NC 27601 Filename 04 0838 v 6_COR Walnut Creek Greenway_401_NBR_Approval