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Home My WebLink About20121054 Ver 1_Approval Letter_20121221. I \" A NODE SIR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary December 21, 2012 Ms. Eileen Navarrete Construction Projects Administrator City of Raleigh P.O. Box 590 Raleigh, NC 27602 -0590 DWQ Project # 12 -1054 Wake County Subject Property: Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse Riparian Buffer Rules Upper Pigeon House Creek Interceptor Dear Ms. Navarrete: You have our approval, id accordance with the attached conditions and those listed below, to place fill within or otherwise permanently 10 linear feet of stream and permanently impact 4,500 square feet of Zone 1 Neuse River Basin protected riparian buffer and 9,950 square feet of Zone 2 Neuse River Basin protected riparian buffer, as described within your application received by the N.C. Division of Water Quality (Division) on November 13, 2012. The impacts are covered by General Water Quality Certification Number(s) 3884 (GC3884) and 3885 (GC3885), which allows you to use Nationwide Permit(s) NW12 and NW13 when issued by the US Army Corps of Engineers (USACE), and this Buffer Authorization Certificate. 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 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. 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 muss 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 02H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Wetlands, Buffers, Stomrwater, Compliance and Permitting Unit (WeSSCaPe) 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone: 919-807-63001 FAX: 919-807-6494 Internet httpJ /portal.nodenr.org/webAvq/ws An Equal opportunity 1 Affirmative Action Employer Upper Pigeon House Creek Interceptor Page 2 of 4 December 21, 2012 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 Stream — permanent 10 (linear feet) PCN pg 4 of 10 Zone 1 Buffers — permanent 4,500 (square ft.) PCN pg 5 of 10 Zone 2 Buffers — permanent 9.950 (square ft.) PCN pg 5 of 10 2. 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 02H .0500. 3. Compensatory Mitigation Mitigation must be provided for the impacts described in the PCN as specified in the table below. We understand that you wish to purchase stream mitigation credits from the Forrest Creek Riparian Buffer Mitigation Bank to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. A Mitigation Credit Statement of Availability from the Sponsor, dated October 4, 2012 and revised November 7, 2012, reserving credits sufficient to provide compensatory mitigation for the proposed buffer impacts. For accounting purposes, this Buffer Authorization authorizes credits reserved with the Forrest Creek Riparian Buffer Mitigation Bank to meet the following compensatory mitigation requirement: Type of Impact Compensatory Mitigation Required River and Sub -basin Number Buffer 11,400 Square Feet Neuse /03020201 4. 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 02H.0500. 5. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording Upper Pigeon House Creek Interceptor Page 3 of 4 December 21, 2012 of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit web site at: http: / /Porta1.ncdenr.or / web /wq /swp /ws/ 401 /certsandpermits /apply /forms. The text of the sample deed notification may be modified as appropriate to suit to this project. 6. Certificate of Completion The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWQ Webscape Unit within ten days of project completion (available at: http: / /Portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms). You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http: / /www.ncoah.com/ or call (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: William Cary, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Upper Pigeon House Creek Interceptor Page 4 of 4 December 21, 2012 Unless such a petition is filed, this Certification shall be final and binding. Sincerely, Karen Higgins, Supervisor Wetlands, Buffers, Stormwater — Compliance & Permitting Unit Enclosures: GC3884, GC3885 cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office Steve Hildehoff, GHD Consulting, Inc., 3128 highwoods Blvd., Suite 140, Raleigh, NC 27604 File Copy Filename: 121054UpperPi geonHouseCrkinterceptor (Wake)401_NBR.docx