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Home My WebLink About20120937 Ver 1_Approval Letter_20121221- AlIWA or.AVC ER North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Charles Wakild, P.E. Director December 21, 2012 City of Raleigh (Public Utilities Department) Attn: J. Russell Allen One Exchange Plaza Raleigh, NC 27602 Dee Freeman Secretary DWQ Project # 12 -0937 Wake County Subject Property: Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse Riparian Buffer Rules (After -the- Fact) Turkey Creek Emergency Sanitary Sewer Repair and Stream Stabilization Dear Mr. Allen: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise permanently impact 6 linear feet of stream and permanently impact 1,000 square feet of Zone 1 Neuse River Basin protected riparian buffer and 400 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 October 12, 2012 with additional information received on November 19, 2012. The impacts are covered by General Water Quality Certification Number(s) 3884 (GC3884) which allows you to use Nationwide Permit(s) NW12 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 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 02H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Wetlands, Buffers, Stommater, Compliance and Permitting Unit (WeBSCaPe) 1650 Mail Service Center, Ralegh, North Carolina 27699 -1650 Phone: 919-807-63001 FAX: 919807 -6494 Intemet:fhttpl /portal.ncdenr orgMiebhagMrs An Equal Opportunity 1 Affirmative Action Employer J Turkey Creek Emergency Sanitary Sewer Repair and Stream Stabilization Page 2 of 3 December 21, 2012 The Additional Conditions of the Certification are: 1. Imoacts 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 6 (linear feet) PCN pg 5 of 11 Zone 1 Buffers — permanent 1,000 (square ft.) PCN pg 7 of 11 Zone 2 Buffers — permanent 400 (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. 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 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: / /portal.ncdenr.ore /web /wo /swD /ws/ 401 /certsandpermits /aDDIv /forms. The text of the sample deed notification may be modified as appropriate to suit to this project. 4. 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 /wa /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). Turkey Creek Emergency Sanitary Sewer Repair and Stream Stabilization Page 3 of 3 December 21, 2012 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 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 cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office Mary Brice, Dewberry and Davis, 2301 Rexwoods Drive, Suite 200, Raleigh, NC 27607 File Copy Filename: 120937TurkeyCreekSanitarySewerRepainWake ►401 NBR.docu