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Home My WebLink About20121087 Ver 2_Approval Letter_20130111k RCDEHR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Wake County Board of Education Attn: Tim Driscoll Facilities Building 1551 Rock Quarry Road Raleigh, NC 27610 Division of Water Quality Charles Wakild, P. E. Director January 11, 2013 John E. Skvarla, III Secretary DWQ Project # 12 -1087 v2 Wake County Subject Property: Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse Riparian Buffer Rules Richland Creek Elementary School Dear Mr. Driscoll: You have our approval, in acc6rdance with the attached conditions and those listed below, to place fill within or otherwise permanently impact 198 linear feet of stream, temporarily impact 57 linear feet of stream, temporarily impact 1,839 square feet of Zone 1 Neuse River Basin protected riparian buffer and 6,032 square feet of Zone 2 Neuse River Basin protected riparian buffer, and permanently impact 11,460 square feet of Zone 1 Neuse River Basin protected riparian buffer and 4,209 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 30, 2012 with additional information received on December 14, 2012 and January 11, 2013. This Certification replaces the Certification issued on December 21, 2012. The impacts are covered by General Water Quality Certification Number(s) 3890 (GC3890), which allows you to use Nationwide Permit(s) NW39 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 Wetlands, Buffers, Stommater, Compliance and Permitting Unit (WeBSCaPe) 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone: 919 -807.63001 FAX: 919.807-6494 One Intemet•. http : / /portal.nodenr.org/webhvgANs Noilll.Cawli»a An Equal Opportunity 1 Affirmative Action Employer vVa ¢6il va li e a Richland Creek Elementary School Page 2 of 4 January 11, 2013 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. 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 — temporary 57 (linear feet) PCN pg 5 of 12 Stream — permanent 198 (linear feet) PCN pg 5 of 12 Zone 1 Buffers —temporary 1,839 (square ft.) PCN pg 7 of 12 Zone 2 Buffers — temporary 6,032 (square ft.) PCN pg 7 of 12 Zone 1 Buffers — permanent 11,460 (square ft.) PCN pg 7 of 12 Zone 2 Buffers — permanent 4,209 (square ft.) PCN pg 7 of 12 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. You must revegetate all disturbed areas within the buffers as described in your application. If you need additional information on plantings, see Guidelines for Buffer Restoration available at: http: / /Portal.ncdenr.org /c /document library /get file ?uuid= e46ec613- 90f8- 4e22 -973c- 57c863afc737 &group1d =38364 4. You are required to provide one copy of the approved SMP, including plan details on full - sized plan sheets, with proof of the town of Wake Forest's approval. The approved SMP must be submitted to the DWQ Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) before any impacts authorized in this certification occur. The following requirements also apply: • The approved SMP must be constructed and operational before any permanent building or other structure is occupied at the site. • The approved SMP as well as drainage patterns must be maintained in perpetuity. • The SMP may not be modified without prior written authorization from the town of Wake Forest. A copy of the approval letter and the modified SMP must be submitted to the DWQ Webscape Unit prior to the commencement of the modifications. Richland Creek Elementary School Page 3 of 4 January 11, 2013 5. You must revegetate all disturbed areas within the buffers as described in your application. If you need additional information on plantings, see Guidelines for Buffer Restoration available at: http: //portal.ncdenr.org /c /document library /get file ?uuid= e46ec613- 90f8- 4e22 -973c- 57c863afc737 &grouPId =38364 6. 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 Neu - Con Stream Umbrella Mitigation Bank and riparian buffer credits from the Forrest Creek Riparian Buffer Mitigation Bank /Rudolph Riparian Buffer Bank to meet these mitigation requirements. 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 of the Neu -Con Stream Umbrella Mitigation Bank, dated January 11, 2013 reserving credits sufficient to provide compensatory mitigation for the proposed stream impacts was included with the application, and a Mitigation Credit Statement of Availability (revised) from the Sponsor of the Forrest Creek Riparian Buffer Mitigation Bank /Rudolph Riparian Buffer Bank, dated December 12, 2012 reserving credits sufficient to provide compensatory mitigation for the proposed buffer impacts was included with the application. Until the Neu -Con Stream Umbrella Mitigation Bank and Forrest Creek Riparian Buffer Mitigation Bank /Rudolph Riparian Buffer Bank receives and clears your check, no impacts specified in this Certification shall occur. For accounting purposes, this Certification authorizes credits reserved with the Neu -Con Stream Umbrella Mitigation Bank and Forrest Creek Riparian Buffer Mitigation Bank /Rudolph Riparian Buffer Bank to meet the following compensatory mitigation requirement: Type of Impact Compensatory Mitigation Required River and Sub -basin Number Stream 198 Linear Feet Neuse /03020201 Buffer Zone 1 11,460 Square Feet Neuse /03020201 Buffer Zone 2 1 6,313 Square Feet Neuse /03020201 7. 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. 8. 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 Richland Creek Elementary School Page 4 of 4 January 11, 2013 can be downloaded from the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit web site at: http: //portal. ncdenr.org/ web /wq /swp /ws/ 401 /certsandPerm its /apply /forms. The text of the sample deed notification may be modified as appropriate to suit to this project. 9. 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 ore/ web /wq /swp /ws/ 401 /certsandDermits /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 8:00am and 5:00pm, 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: Lacy Presnell, General Counsel, DENR, 1601 Mail Service Center, Raleigh, NC 27699 -1601. Unless such a petition is filed, this Certification shall be final and binding. Sincerely, f Karen Higgins, Sup sor Wetlands, Buffers, Stormwater — Compliance & Permitting Unit Enclosures: GC3890 cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office Walter Cole, S &ME, Inc. 3201 Spring Forest Road, Raleigh, NC 27616 File Copy filename: 121087v2R ichlandCreekElementaryschool (Wake )401 NBR.docx