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Home My WebLink About20061203 Ver 7_Approval Letter_20121012kTX NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chuck Wakdd, RE Dee Freeman Governor Director Secretary October 12 2012 DWQ Project # 06 -1203, Ver. 7 Wake County Mr. Tim Donnelly — Public Utilities Director Town of Apex — Public Works and Utilities 105 Upchurch Street Apex, NC 27502 Subject Property: Town of Apex Beaver Creek Gravity Sewer Beaver Creek [030605, 16- 41- 10 -(2), WSIV, NSW, CA] 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 Mr. Donnelly: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 5.499 acres of 404 /wetland (temporary impact), 208 linear feet of stream (20 linear feet permanent impact and 188 linear feet temporary impact), and 10,566 square feet of Zone 1 Jordan Lake protected riparian buffers, and 13,642 square feet of Zone 2 Jordan Lake protected riparian buffers, as described within your application dated September 6, 2012, and received by the N.C. Division of Water Quality (DWQ) on September 7, 2012, to construct the proposed Apex Beaver Creek Gravity Sewer at the site. After reviewing your application, we have decided that the 404/401 impacts are covered by General Water Quality Certification Number(s) 3884 (GC3884). The Certification(s) allows you to use Nationwide Permit(s) NW 12 when issued by the US Army Corps of Engineers (USACE). 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, Non - discharge, and other regulations. 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. The Additional Conditions of the Certification are: Conditions of Certification: 1. Impacts Approved ;I dandy Bu`tels StonwjatF, (,onlph- e j l'nrt' 6 . L 0 ,err Gar'' r'nl- 'h f to,,` _:i di r, _ -9 TOApex Beaver Creek Gravity Sewer Page 2 of 4 October 12, 2012 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 5.499 (acres) - temporary PCN Application page 5 of 13 Stream 208 [(linear feet) 20 linear feet permanent impact and 188 linear temporary impact] PCN Application page 6 of 13 Buffers Zone 1 10,566 (s uare ft.) PCN page 7 of 13 Buffers Zone 2 13,642 (square ft.) PCN page 7 of 13 Sediment and Erosion Control: 2. 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. 3. 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; 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-with-in two -(2)- months of the date that the - Division of Land- Resources -or locally delegated program has released the project; 5. 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; TOApex Beaver Creek Gravity Sewer Page 3 of 4 October 12, 2012 6. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self - monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCGO 10000), inspection log sheets, and other information may be found at http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. 7. Mitigation: Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to Restoration Systems, LLC (RS) to meet the stream mitigation requirement and to the NC Ecosystem Enhancement Program (EEP) to meet the buffer mitigation requirement. These methods have been determined by the DIVISION to be a suitable methods to meet the mitigation requirements. Until the RS and EEP receive and clear your check (made payable to: Restoration Systems, LLC and DENR — Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. RS should be contacted at (919)- 334 -9119 and the EEP should be contacted at (919) 716 -1921 if you have any questions concerning payment into a bank or restoration fund. You have 60 days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment to RS and the NC EEP to meet the following compensatory mitigation requirement: Type of Impact Compensatory Mitigation Required Bank or River and Sub -basin Number Stream 20 (linear feet) Cripple Creek Stream and Wetland Mitigation Bank Buffer —Zone 1 1,245 (s ware Feet) Cape Fear /03030002 8. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non - erosive velocities through the protected stream buffers such that it will not re- concentrate before discharging into a stream as identified within 15A NCAC 213 .0267 (5). If this is not possible, it may be necessary to provide stormwater facilities. This may require additional approval from the Division. Certificate of Completion: 9. --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 WEBSCAPE Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 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 or CAMA Permit. 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. TOApex Beaver Creek Gravity Sewer Page 4 of 4 October 12, 2012 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 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: Mr. Bill Cary, 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 Riparian Buffer Protection Rules (15A NCAC 2B.0267). Please call Ms. Karen Higgins (919- 807 -6360) or Ian McMillan at (919- 807 -6364) if you have any questions regarding this letter or would like to set up a meeting to discuss this matter. Sincerely, vz'kSZ 1�(1 4z�� A,---,,Chuck Wakild, P.E. CHS /gym Enclosures: - - GC3884 -- - - - — - - -- - - - - - - - - -- Certificate of Completion cc: USACE Raleigh Regulatory Field Office DLR Raleigh Regional Office File Copy Troy Beasley, Withers and Ravenel, 1410 Commonwealth Drive, Suite 101, Wilmington, NC 28403 Filename 061203Ver7TOApexBeaverCreekGravitySewer (Wake)401