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Home My WebLink About20061203 Ver 8_Approval Letter_20121022NC® NR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chuck Wakild, P.E. Dee Freeman Governor Director 'Secretary October 22, 2012 DWQ Project # 06 -1203, Ver. 8 Wake County Mr. Stephen J. Brown Town of Cary — Public Works and Utilities Operations Center 420 James Jackson Avenue Cary, NC 27513 Subject Property: Town of Cary —Green Level Force Main and Gravity Sewer Ut to White Oak Creek [030605,16-41-6-(0.7), WSIV, NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules (15A NCAC 28.0267) with Additional Conditions Dear Mr. Brown: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.23 acres of 404 /wetland (0.06 acres permanent impact and 0.17 acres temporary impact), 149 linear feet of stream (temporary impact), and 10,448 square feet of Zone 1 Jordan Lake protected riparian buffer, and 6,972 square feet of Zone 2 Jordan Lake protected riparian buffer, as described in your updated application dated September 25, 2012, and received by the Division of Water Quality (DWQ) on September 26, 2012, to construct the proposed sanitary sewer project 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) NW12 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: 1. Impacts Approved Wetlands. Buffers, Stormwatet Compliance and Pern fitting Unit (VVeB�_)GaP,= i !35O Pad Ser,ceCentri Raler,n �bir[hC - 991i�r1 Pi,�n.� 919-3'07 -6YA , F4, 919 807 -0491 �r,teinel Ylprlportal -1,ois ;nE;ualOcpotinity f ,�ativp ,fion = npl,rr�i TOCary — Green Level Force Main and Gravity Sewer Page 2 of 3 October 22, 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 /Wetland 0.23 [(acres) 0.06 acres permanent impact and 0.17 acres temporary impact] PCN pg 4 of 10 Stream - temporary 149 (linear feet) PCN pg 4 of 10 Zone 1 Buffers 10,448 (square ft.) PCN pg 5 of 10 Zone 2 Buffers 6,972 (square ft.) PCN pg 5 of 10 2. Diffuse Flow An additional condition is that 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 . 0267. 3. 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 15A NCAC 2B . 0233. 4. Certificate of Completion Upon completion of all work approved within this authorization, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit, North Carolina Division of Water quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. You can contest the Director's decision as provided in Articles 3 and 4 of G.S.150B. To contest the Director's decision 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:OOam and S:OOpm, 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)- 733 -2698, Facsimile: (919)- 733 -3478 A copy of the petition must also be served on DENR as follows: "i TOCary — Green Level Force Main and Gravity Sewer Page 3 of 3 October 22, 2012 Mr. William Cary, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and review of the "No Practical Alternatives" determination under 15A NCAC 2B.0267. Please call Ms. Karen Higgins (919- 807 -6360) if you have any questions regarding this letter or would like to set up a meeting to discuss this matter. 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 and this Authorization shall expire five (5) years from the date of this letter. Sincerely, Chuck Wakild, P.E. CW /kah /ijm Enclosures: GC3884 Certificate of Completion cc: DLR Raleigh Regional Office Kenneth Bruce, Brown and Caldwell, 5430 Wade Park Blvd., Suite 200, Raleigh, NC 27607 File Copy Filename: 061203Ver8TOCaryGreen Level ForceMamAndGravitySewer (Wake)401_J BR