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Home My WebLink About20061203 Ver 10_Approval Letter_20130322NCDEENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Tim Donnelly, Public Utilities Director Town of Apex Public Works & Utilities 105 Upchurch Street Apex, NC 27502 Division of Water Quality Charles Wakild, P. E. Director March 22, 2013 Subject Property: Town of Apex Beaver Creek Gravity Sewer John E. Skvada, III Secretary DWQ Project # 06 -1203 v.1O Wake County Modification of Approval of 401 Water Quality Certification and Authorization Certificate per the Jordan Lake Water Supply Watershed Ripariah Buffer Protection Rules (15A NCAC 026.0267) with Additional Conditions Dear Mr. Donnelly: You have our approval, in accordance with the attached conditions and those listed below, to temporarily impact 177 linear feet of stream; place fill within or otherwise permanently impact 20 linear feet of stream; temporarily impact 5.479 acres of wetlands; place fill within or otherwise permanently impact 7,707 square feet of Zone 1 and 7,987 square feet of Zone 2 Jordan Lake protected riparian buffer; and temporarily impact 2,711 square feet of Zone 1 and 5,591 square feet of Zone 2 Jordan Lake protected riparian buffer as described within your application, received by the N.C. Division of Water Quality (DWQ) on March 11, 2013. The impacts are covered by General Water Quality Certification Number 3884 (GC3884), which allows you to use Nationwide Permit NW12 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. We understand, based on the documentation provided with this request for a permit modification, that the Town of Apex has already purchased the required mitigation, and therefore, no additional mitigation is required at this time. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Wetlands, Buffers, Stomiwater, Compliance and Permitting Unit (WeBSCaPe) 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone- 919 - 807.63001 FAX* 919. 807.6494 Internet http //portal ncdenr.org /weblwglws An Equal Opportunity 1 Affirmative Action Employer NoII ilhCarolina Nawra!!.ff Town of Apex Beaver Creek Gravity Sewer Y Page 2 of 3 March 22, 2013 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 20 (linear feet) Section C.3 of PCN for Stream Impacts Stream — temporary 177 (linear feet) Section C.3 of PCN for Stream Impacts Wetland - temporary 5.479 (acres) Section C.2 of PCN for Wetland Impacts Zone 1 Buffers - 7,707 (square feet) Section C.6 of PCN for Buffer Impacts permanent Zone 2 Buffers — 7,987 (square feet) Section C.6 of PCN for Buffer Impacts permanent Zone 1 Buffers - 2,711 (square feet) Section C.6 of PCN for Buffer Impacts temporary Zone 2 Buffers - 5,591 (square feet) Section C.6 of PCN for Buffer Impacts temporary 2. Protective Fencina 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 stormwater shall be directed as diffuse flow at non - erosive velocities through the protected stream buffers and will not re- concentrate before discharging into the stream as identified within 15A NCAC 2B.0267 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. 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.ora/c /document library/aet file ?uuid= e46ec613- 90f8- 4e22 -973c- 57c863afc737 &aroupld= 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:/ /aorta I.ncdenr.ora/web /wa /swp /ws /401 /certsand permits /appiv /forms). This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 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 httt): / /www.ncoah.com/ or call (919) 431- 3000 for information. J we Town of Apex Beaver Creek Gravity Sewer Page 3 of 3 March 22, 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. Since ely, Danny S ith, Supervisor Surface ater Protection — Raleigh Regional Office Enclosures: GC3884 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 Troy Beasley; Withers & Ravenel; 1410 Commonwealth Drive, Suite 101; Wilmington, NC 28403 File Copy Filename: 061203v10TownofApex6eaverCreekGravitysewer401 NBR.docx