20120845 Ver 1_Approval Letter_20121005

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Mir
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild PE Dee Freeman
Governor Director Secretary
October 5, 2012
DWQ Project # 12 -0845
Wake County
Wake County
Attn: Phillip D. Stout
P.O. Box 550
Raleigh, NC 27602
Subject Property: Cape Fear Sanitary Sewer System Extension
Kit Creek [030605, 16- 41- 1- 17- 2- (0.7), WS -IV; NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Jordan Lake Water
Supply Watershed Riparian Buffer Protection Rules (15A NCAC 2B.0267) with Additional Conditions
Dear Sir:
You have our approval, in accordance with the attached conditions and those listed below, to fill or otherwise
impact 0.383 acre of 404 wetlands (permanent impacts), 0.143 acre of 404 wetlands (temporary impacts), 90
linear feet of stream channel (permanent impacts), 190 linear feet of stream channel (temporary impacts), 16,531
square feet of Zone 1 of the Jordan Lake watershed protected riparian buffer (permanent impacts), 5,330 square
feet of Zone 1 of the Jordan Lake watershed protected riparian buffer (temporary impacts), 11,543 square feet of
Zone 2 of the Jordan Lake watershed protected riparian buffer (permanent impacts), and 3,152 square feet of Zone
2 of the Jordan Lake watershed protected riparian buffer (temporary impacts) to install a sanitary sewer line, as
described in your application dated June 28 2012, received by the Division of Water Quality (DWQ) on
September 7, 2012, and additional information received on October 5, 2012. After reviewing your application
and additional information, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3884 (GC3884). The Certification(s) allows you to use Nationwide Permit(s) NWP 12 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 .0267. 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.
Atmrall,y nehCarolina
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www ncwaterquality org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper

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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 Impact
Amount Approved Units
Plan Location or Reference
404 Wetlands
0.383 acre ermanent impact
PCN page 5 of 11 revised 10/5/12
404 Wetlands
0.143 (acre) temporary impact
PCN page 5 of 11 revised 10/5/12
Stream
90 linear feet) permanent impact
PCN page 5 of 11
Stream
190 lineaz feet) temporary impact
PCN page 5 of 11
Buffers Zone 1
16,531 (square ft. ) permanent impact
PCN page 6 of I 1
Buffers Zone 1
5,330 (square ft.) temporary impact
PCN page 6 of 11
Buffers Zone 2
11,543 (square ft. emtanent impact
PCN page 6 of 11
Buffers Zone 2
3,152 (square ft. temporary impact
PCN page 6 of 11
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

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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;
5. Compensatory Mitigation Using EEP
We understand that you have agreed to provide riparian buffer mitigation for the proposed sewer line and
associated Jordan Lake watershed protected riparian buffer impacts by payment into the Ecosystem
Enhancement Program (EEP). This method of mitigation has been determined by DWQ to be suitable to
meet the mitigation requirement. A total of 23,154 square feet of riparian buffer mitigation is required for
impacting 7,718 square feet of riparian buffer as a result of this project. This will be mitigated through
payment to EEP to meet this mitigation requirement. Until EEP receives and clears your check, impacts
specified in this Authorization Certificate shall not occur. EEP should be contacted if you have any
questions concerning payment into these banks. You have 60 days from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes payment into
EEP to meet the following compensatory mitigation requirement:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin Numbe
Buffer
23,154 (square feet)
Cape Fear /Jordan
03030002 Upper New Hopi
6. 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 213
.0267
7. 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.
8. 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

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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: (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 Mail 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 Jordan Lake watershed riparian buffer protection rule as described within 15A NCAC 2B .0267. If you have
any questions, please telephone Danny Smith at 919 -791 -4252.
OS' cerely,
l
j01 /7 �-7�
Dannv Smit
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures: GC 3884
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
DLR RRO
Brian Oschwald — The Wooten Company, 120 N. Boylan Avenue, Raleigh, NC 27603
Filename 12-0845—Cape Fear Sewer Ext 401— MR_Approval