20130196 Ver 1_Approval Letter_20130305

NCDEENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mary T. Brice
Dewberry Engineers Inc.
2301 Rexwoods Drive, Suite 200
Raleigh, NC 27607
Division of Water Quality
Charles Wakild, P. E.
Director
March 5, 2013
Subject Property: Kayla Court Sewer Maintenance
John E. Skvada, III
Secretary
DWQ Project # 13 -0196
Wake County
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Basin
Riparian Buffer Protection Rules (1SA NCAC 02B.0233) with Additional Conditions
Dear Ms. Brice:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise permanently impact 40 linear feet of stream and 1,200 square feet of Zone 1 Neuse
River Basin protected riparian buffer as described within your application, received by the N.C. Division
of Water Quality (DWQ) on February 26, 2013. The impacts are covered by General Water Quality
Certification Number(s) 3883 (GC3883), which allows you to use Nationwide Permit NW3 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 to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application
shall expire upon expiration of the 404 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.
Additional Conditions of Certification:
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:
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mad Service Center, Raleigh, North Carolina 27699 -1650
Phone. [phone] FAX 919 - 807 -6494
Internet http•llportal ncdenr orglwebtwq/ws
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Natumily

Kayla Court Sewer Maintenance
Page 2 of 3
March 5, 2013
Type of Impact
Amount Approved
Plan Location or Reference
(Units)
Stream — permanent
40 (linear feet)
Section C.3 of PCN for Stream Impacts
Zone 1 Buffers —
1,200 (square ft.)
Section C.6 of PCN for Buffer Impacts
permanent
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. 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 2B.0233 (5). If this is not possible, it
may be necessary to provide stormwater facilities that are considered to remove nitrogen (and
phosphorus if in the Tar - Pamlico River Basin). This may require additional approval from this Office.
4. You must re- vegetate all disturbed areas within the buffers as described in your application. If yqu
need additional information on plantings, see Guidelines for Buffer Restoration available at:
http: / /gortal.ncdenr.org/c /document library/get file ?uuid= e46ec613- 90f8- 4e22 -973c-
57c863afc737 &groupld= 38364.
S. 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.ora /web /wg /swp /ws /401 /certsandt)ermits /apply /forms).
This Certification can be contested 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: /Iwww.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

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Kayla Court Sewer Maintenance
Page 3 of 3
March 5, 2013
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, 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.
Vin rely,
Danny S ith, Supervisor
Surface Water Protection — Raleigh
Regional Office
Enclosures: GC3883
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;
Wake Forest, NC 27597
Karen Higgins, DWQ CO files
City of Raleigh; Public Utilities Department; One Exchange Plaza; Raleigh, NC 27602
File Copy
Filename: 130196KaylaCourtSewerMaintenance 401 NBR.doa