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Home My WebLink About20061203 Ver 4_Approval Letter_20120606m d� MCD-ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chuck Wakdd P E Dee Freeman Governor Director Secretary ri, ^e 6 2012 Western Wake Regional Wastewater Management Facilities Project Partners Attn Mr Steve Brown To *n of Cary 420 James Jackson Avenue Cary NC 27513 Re Western Wake Regional Wastewater Management Facilities Wake County DWQ #2006 1203 Ver 4 USACE Action ID No 200620159 APPROVAL of 401 Water Quality Certification — MODIFICATION2 Dear Mr Brown Attached hereto is a copy of Certification No 3833 issued to the Western Wake Regional Wastewater Management Facilities Project Partner dated June 6 2012 This Certification replaces the Certification issued on October 27, 2011 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 Since ly C uck Wakild C W/kah/ym Attachments Certificate of Completion 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 Ruth Swanek CH2MHILL 3125 Poplarwood Ct Suite 304 Raleigh NC 27604 Evan Kane DWQ Aquifer Protection Section Melba McGee Office of Legislative Affairs Ken Bruce Brown & Caldwell 5430 Wade Park Blvd Suite 200 Raleigh NC 27607 Filename 20061203Ver4WWPWTP (Wake)401_MOD2 Wetlands Buffeis Stonmwatei Compliance and Permitting Unit (WeBSCaPe) 1650 f 4a l Service Center Raleigh Noah c ar -Ama 7 699 1650 Pnonp 019 807 63001 FAX 919 80/ 6494 Internet httpi/por[alncdenroig/web/wq/ws An Equal Opportunity 1 Affirmative Action Employei Western Wale Regional Was ewat�. "Saragement Faczl * es Project Partne s Page 2 of 4 June 6 2012 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 500 a. ^d QS 217 of the T - +ed S *ate. w ^d ..,z ;ec* *o •ae No-h C: roh-. Di 3io^ or1T`'ate Qa ^'i'3 (u`x't�) Regulations in 15 NCAC 2ti Section 0500 to Western wake Regional Wastewater Management Facilities Piglect Partners w file or otherwise impdc,t 3 73 acres ofJurisdictionai wetlands (0 78 acres permanent impact and 2 85 acres temporary impact) and 2 138 linear feet of streams (350 linear feet permanent impact and 1 798 linear feet temporary impact) 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 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 a day of May 2010 and in additional correspondence received June 17 2010 September 28 2011 May 8 2012 May 21 2012 and May 25 2012 Tne application and supporting documentation provides adequate assurance tnat the proposea 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 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 to 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 Compliance with the conditions listed below is required Conditions of Cerhficahon I 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 Impact Amount Approved nits Plan Location or Reference 404/Wetland 3 73 [(acres) 0 78 acres Mod request received May 8 permanent impact and 2 85 2012] acres temporary im act] Stream 2 138 [(linear feet) 2 166 Mod request received May 8 linear feet of streams (350 2012] linear feet permanent impact and 1 798 linear feet temporary impact] We ter- Wake Regional Wastewater Management Facilitie Proj,%,t P. -treys Page 3 of 4 June 6 2012 Sediment and Erosion Control 2 Frosion and sediment control practices must be in full compliance with all specifications govonn ig On. pioper dwigu Ii01.ailat on and oper- -Lior and nrai tenancc of surb Be 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 thev equal or exceed the requirements ,pm ified in Lhe most recent version of the North Carolina Sediment and Erosion Control Manual The uevit,eh shall be mamtamcd 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 404/401 Permit 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) or that State or federal law is being violated or that further 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 2H 0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H 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 Xe,lern Wake Reglora, Wastewater Vanagement Fafii ties P olect Parwers Page 4 of 4 TLne 6 2012 Other Conditions 6 Pesticides (including insecticides and herbicides) shall not be used for maintenance right of way thin 100 feel- of perenti Y tregmc and ;0 fee* of nterm *tent stream or *h n floodpia P� -,4 wetlands associated with these streams 7 The Division will consider the proposed gravel parking lot as a temporary construction impact that may be treated with a temporary sediment pond as a part of the sediment erosion control plan for this project When the construction phase is complete you would be required to remove the gravel and restore permeability to the soil by disking or ripping the soil surface Then you would need to specify a permanent vegetaLed ground Lover with appropriate watering and fernnzation requirements Also this approval to orocPed with your proposed impacts or to conduct impacts to waters a., uepicted in your application shall expire upon expiration of the 404 or CAIVIA Permit If this Certification is unacceptable to you you have the right to an adludicatory 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 adludicatory 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 CHS /rim 3833 This the 6`h day of June 2012 OF LTE U Y ild