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Home My WebLink About20081475 Ver 2_Approval Letter_20130307Ap� �� NCDEE R North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director March 7, 2013 Mr. Carl Dawson City of Raleigh Public Works Department 222 West Hargett Street Raleigh, NC 27602 -0590 Subject Property: Lail Drive Culvert John E. Skvada, III Secretary DWQ Project # 08 -1475 v2 Wake County Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Basin Riparian Buffer Protection Rules (15A NCAC 02B.0233) with Additional Conditions Dear Mr. Dawson: This Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse Riparian Buffer Rules dated March 7, 2013 replace the 401 Water Quality Certification and Authorization Certificate dated March 5, 2013 with the correct Applicant Address. We apologize for this processing error. No other corrections or changes to this 401 Water Quality Certification and Authorization Certificate have been made. You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise permanently impact 17 linear feet of stream and 243 square feet of Zone 1 Neuse River Basin protected riparian buffer, and temporarily impact 30 linear feet of stream, 12,051 square feet of Zone 1 Neuse River Basin protected riparian buffer and 1,206 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 (DWQ) on February 11, 2013. The impacts are covered by General Water Quality Certification Number(s) 3886 (GC3886), which allows you to use Nationwide Permit NW14 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 Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe) 1650 Mad Service Center, Raleigh, North Carolina 27699 -1650 Phone. 919 - 807 -63001 FAX. 919.807-6494 Internet http / /portal ncdenr org/webtwgAvs An Equal Opportunity 1 Affirmative Acton Employer NoAhCarolina Naturally Lail Drive Culvert Page 2 of 3 March 7, 2013 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: Type of Impact Amount Approved Plan Location or Reference (Units) Stream — permanent 17 (linear feet) Section C.3 of PCN for Stream Impacts Stream - temporary 30 (linear feet) Section C.3 of PCN for Stream Impacts Zone 1 Buffers — 12,051 (square ft.) Section C.6 of PCN for Buffer Impacts temporary Zone 1 Buffers — 243 (square ft.) Section C.6 of PCN for Buffer Impacts permanent Zone 2 Buffers — 1,206 (square ft.) Section C.6 of PCN for Buffer Impacts temporary 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 28.0233 (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 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 &arouold= 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.oryJweb /wa /swp /ws /401 /certsa ndaerm its /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: / /www.ncoah.com/ or call (919) 431- 3000 for information. Lail Drive Culvert Page 3 of 3 March 7, 2013 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 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, I( J 012171 Danny Smith, S ervisor Surface Water rotection — Raleigh Regional Office 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 Tom Murray; WK Dickson; 720 Corporate Center Drive; Raleigh, NC 27607 File Copy Filename: 081475v2LadDrweCulvert 401 NBR.docx