The URL can be used to link to this page

Home My WebLink About20120487 Ver 1_Approval Letter_20130411FMA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor City of Raleigh Attn: Aaron Brower One Exchange Plaza, Suite 620 219 Fayetteville Street Mall Raleigh, NC 27601 Division of Water Quality Charles Wakild, P. E. Director April 11, 2013 John E. Skvada, III Secretary DWQ #: 12- 0487v2 Wake County Subject: APPROVAL of 401 Water Quality Certification — Modification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 02B .0233) with Additional Conditions Marsh Creek Interceptor Sewer Improvements Dear Mr. Brower: You have our approval, in accordance with the attached conditions and those listed below, to fill or otherwise impact 0.0523 acre of 404 wetland (permanent impact), 180 linear feet of stream (temporary impacts), 33,654 square feet of Zone 1 Neuse River basin protected riparian buffer (permanent and temporary impacts), and 55,810 square feet of Zone 2 Neuse River basin protected riparian buffer (permanent and temporary impacts) to construct a new 36" gravity sewer line to replace an existing 18" gravity sewer line, as described in your application dated April 27, 2012 and received by the Division of Water Quality (DWQ) on May 17, 2012 and additional information received on June 13, 2012 and April 2, 2013. This certification replaces the previous one issued on June 15, 2012. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3884 (GC3884). The Certifications) allows you to use Nationwide Permit(s) NW12 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 0213.0233. 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, and Non - discharge regulations. Also, 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. Wetlanos, Buffers, Stormwiter - Cccnpf:anre and ?erinitt;ng (Webscape) Unit One .65!, Ma;; Service Cente• Raleigh, N.�rth Carstwa 216: -9 -1550 Noi-thCarolina Locaaun• 51^ N Salisbury St Raleigh, Ncrlh Garol.na 27F04 Phone 919 -8-,17 -5300 t F:+ % 919 807 6194 + Cust.Tr Servirn t V7- 623 -674F Natunal1w in arnet vim- nrwater4w. ty "9 Marsh Creek Interceptor Sewer Improvements DWQ# 12 -0487 v2 Page 2 of 4 April 11, 2013 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. 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 and /or temporary impacts: Type of Impact Amount Approved (Units) Plan Location or Reference 404 Wetlands 0.0523 (acre) permanent impact PCN page 5 of 11 Streams 180 (linear ft.) temporary impact PCN page 5 of 11 Buffers Zone 1 33,654 (square ft.) permanent and temporary impact PCN page 6 of 11 revised 6/13/2012 Buffers Zone 2 55,810 (square ft.) permanent and temporary impact PCN page 6 of 11 revised 6/13/2012 2. 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 02B.0233(5) or if this is not possible, it is necessary to provide stormwater facilities that are considered to remove nitrogen. 3. Compensatory Mitigation Mitigation must be provided for the impacts as specified in the table below. We understand that you wish to make payment to the Buffer Restoration Funds administered by the NC Ecosystem Enhancement Program (EEP) for 27,094 square feet of riparian buffer and to the EBX Neuse Riparian Buffer Umbrella Mitigation Bank /Rudolph Site and the Forrest Creek Stream and Riparian Buffer Mitigation Bank (EBX) for 50,777 square feet of riparian buffer to meet this mitigation requirement. This has been determined by the Division to be a suitable method to meet the mitigation requirement. Until EEP and EBX receive and clear your payments, no impacts specified in this Certification shall occur. For accounting purposes, this Certification authorizes payment to EEP and EBX to meet the following compensatory mitigation requirement: Type of Impact Compensatory Mitigation Required River and Sub -basin Number Buffer 77,871 (square feet) Total [50,777 (square feet) from EBX] Neuse /03020201 [27,094 (square feet) from EEP] Marsh Creek Interceptor Sewer Improvements DWQ# 12 -0487 v2 Page 3 of 4 April 11, 2013 4. 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 2H, Section .0500. 5. Notification of Project Commencement Please notify DWQ (Cherri Smith at (919) 791 -4251 or cherri.smith @ncdenr.gov) of the proposed start date of the project. This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings. A petition form may be obtained from the Office of Administrative Hearings at http: / /www.ncoah.com/ or by calling (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 along with any applicable filing fee 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). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100 provided the original and one copy of the petition along with any applicable filing fee 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 Marsh Creek Interceptor Sewer Improvements OWQ# 12 -0487 v2 Page 4 of 4 April 11, 2013 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Contact Cherri Smith at 919 - 791 -4251 or me at 919 - 807 -6360 if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor Wetlands, Buffers, Stormwater — Compliance & Permitting Unit Enclosure: GC3884 cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office Cherri Smith — DWQ Raleigh Regional Office Brian Oschwald —The Wooten Company, 120 N. Boylan Ave., Raleigh, NC 27603 File Copy Filename: 120487Ver2MarshCreeklnterceptorSewerl mprovements( Wake)401_NBR.docx