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Home My WebLink About20120178 Ver 1_Approval Letter_201206150 ""'A North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor City of Fayetteville Attn Mary DePina 433 Hay Street Fayetteville NC 28301 Division of Water Quality Chat its Naklld P E Director June 15 2012 Dee Freetna� ,� Secretary Ire Buckhead Creek Stormwater Infrastructure Improvement Protects Cumberland County DWQ Project # 20120178 USACE Action ID # SAW 2011 00392 Buckhead Creek (030615 18 31 24 6 C) APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr Edwards Attached hereto is a copy of Certification No 3927 issued to Ms Mary DePina and the City of Fayetteville dated June 15 2012 In addition you should get any other federal state or local permits before you go ahead with your protect including (but not limited to) Solid Waste Sediment and Erosion Control Stormwater Non discharge and Water Supply Watershed regulations If we can be of further assistance do not hesitate to contact us Sinc ly Charles Wakild P E CW/kah/ym Attachments Certificate of Completion cc Jeff Garnett EPA Sam Nunn Federal Center 61 Forsyth Street SW Atlanta GA 30303 USACE Wilmington Regulatory Field Office C n on Iona ice DLR Fayetteville Regional Office File Copy Daniel Ingram WK Dickson and Company Inc 720 Corporate Center Drive Raleigh NC 27607 Filename 1 20178BuckheadCreekSWlnfwtructurelmprovementProjects (Fayettevdle)401_IC 1617 Mail Service Center Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919 -807 63001 FAX 919 807 64921 Customer Service 1 877 623 6748 Internet www ncwaterouality oro An Equal Opportunity 1 Affirmat ve Act on Employer NorthCarohna Admallty 2 Buckhead Creek Stormwater Infrastructure Improvement Projects Cumberland County 2012 0178 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION 1rRS CEA1 it ICA1ION is issued in conformity with the requirements of Section 401 Pubuc Laws 92 500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) RegulatiopQ in 15 NC AC 2H Sectiori 0500 to MQ Mary Depina and the Citv of Fayette% ille mho ha%e permission to fill or otherwise impact 131 acres of 404 /wetland (0 97 acres riparian wetlands along Raeford Road and 0 34 acres riparian wetlands along Coventry Road and 100 linear feet of stream along Coventry Road to construct the proposed two stormwater improvement projects which are located at Raeford Road and also at Coventry Road in Fayetteville Cumberland County North Carolina pursuant to an application dated October 14 2911 inO recened by *he T)WQ -)n V ircl- 20 21012 with additional trf -)rmiti ^n received on February 17 2012 and February 23 2012 and by Public Notice issued by the USACE on April 17 2012 and received by the DWQ on April 17 2012 The application and supporting documentation provides adequate assurance that the proposed 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 only valid for the purpose and design submitted in the application materials and as described in the Public Notice and the Division of Coastal Management Application 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 in 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 For this approval to be valid compliance with the conditions listed below is required Conditions of Certification 1 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Isolated/Non 404 Jurisdictional Wetland Permit are met No other impacts are approved including incidental impacts Type of Impact Amount Approved nits Plan Location or Reference 404/401 Wetlands 131 [(acres) 0 97 acres riparian wetlands along Application and Public Notice Raeford Road and 0 34 acres riparian wetlands along Coven Road Stream 100 Linear Feet Application and Public Notice 2 Mitigation must be provided for the proposed impacts as specified in the table below We understand that you will reestablish 0 97 acres of riparian forest wetland within three years to address the Raeford Road impacts and reestablish 0 34 acres of riparian forest wetland within three years to address the Coventry Road impacts Additionally you have proposed creation of 3 Buckhead Creek Stormwater Infrastructure Improvement Projects Cumberland County 2012 0178 0 49 acres of riparian forest wetland (Raeford Road) and 0 20 acres of riparian forest wetland (Coventry Road) within three years to address temporary loss of function as the new wetland systems establish and the torest matures will be mitigated at a 0 5 1 ratio Finally third party escrow accounts valued at a 2 1 ratio for 0 97 acres and 0 34 acres of riparian forest wetland (1 94 WMUs and 0 68 WMUs for Raeford Road and Coventry Road respectively) will be ectahlished Type of Impact Compensatory Mitigation Required River and Sub basin Number 404 Wetlands 131 acres (riparian) Cape Fear 03030004 Sediment and Erosion Control 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 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 4 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres] full compliance with permit conditions including the sedimentation control plan self monitoring record keeping and reporting requirements are required A copy of this permit and monitoring report forms may be found at hUp / /portal ncdenr org /web /wq/ws /su/construction. 5 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 404/40 1 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 6 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable If placement of sediment and erosion control devices in wetlands and waters is unavoidable they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project Y Buckhead Creek Stormwater Infrastructure Improvement Projects Cumberland County 2012 0178 Continuing Compliance Nis Mary Derpma and the City of Fayetteville snail wnduct 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 vk th 1 s A NC AC 2F 0s07(d, Before modifying the Certification the Division shall notify Ms Mary DePma and the City of Fayetteville LLC the US Army Corps of Engineers and provide public notice in accordance with 15A NCAC 2H 0503 and provide opportunity for a public hearing in accordance with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to Ms Mary DePina and the City of Fayetteville 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 Other Conditions 8 Any final construction plans for this project must include or reference the application and plans approved by the DWQ under this authorization letter and certification 9 Upon completion of the project the applicant shall complete and return the enclosed Certification of Completion Form to notify DWQ that all the work included in the 401 Certification has been completed The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality 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 If this Certification is unacceptable to you you have the right to an adjudicatory 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 adjudicatory 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 This the 15th day f June 2 D I N F ALITY Charles Wakild P E CW/kah/ym 3927