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Home My WebLink About20130503 Ver 1_Approval Letter_20130529Pat McCrory Governor G;1A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P E Director May 29, 2013 City of Durham, Dept of Water Management Attn Tony Thomas 1600 Mist Lake Drive Durham, NC 27704 John E Skvarla, III Secretary DWQ # 13 -0503 Durham County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B 0233) WITH ADDITIONAL CONDITIONS West Street Sewer Outfall Repair Dear Mr Thomas You have our approval for the impacts listed below for the purpose described in your application dated March 27, 2013 and received by the Division of Water Quality (Division) on May 13, 2013 These impacts are covered by the attached Water Quality General Certification Numbers 3884 and 3893 and the conditions listed below These certifications are associated with the use of Nationwide Permit Numbers 12 and 33 once they are issued to you by the U S Army Corps of Engineers Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations This approval requires you to follow the conditions listed in the enclosed certifications and the following additional conditions 1 The following impacts are hereby approved provided that all of the other specific and general conditions of the Certifications, General Permits and /or Buffer Rules are met No other impacts are approved, including incidental impacts Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) 1650 Mail Service Center Raleigh North Carolina 27699 1650 Phone 919 807 6301 1 FAX 919 807 6494 Internet hap Uportal ncdenr org'web /wq,ws An Equal Opportunity 1 Affirmative action Employer City of Durham DWQ# 13 -0503 401 AND BUFFER APPROVAL Page 2 of 5 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 0 (linear feet) 10 (linear feet) Site 1 Stream 5 (linear feet) 0 (linear feet) Site 2 Stream 81 (linear feet) 0 (linear feet) Site 3 Stream 0 (linear feet) 17 (linear feet) Site 4 Buffers — Zone 1 1,098 (square feet) 0 (square feet) Site 1 Buffers — Zone 2 7,773 (square feet) 0 (square feet) Site 1 Buffers —Zone 1 12,414 (square feet) 0 (square feet) Site 2 Buffers — Zone 2 6,119 (square feet) 0 (square feet) Site 2 Buffers —Zone 1 3,486 (square feet) 0 (square feet) Site 3 Buffers — Zone 2 1,627 (square feet) 0 (square feet) Site 3 Buffers —Zone 1 2,173 (square feet) 0 (square feet) Site 4 Buffers — Zone 2 551 (square feet) 0 (square feet) Site 4 Buffers — Zone 1 7,101 (square feet) 0 (square feet) Site 5 Buffers — Zone 2 1,837 (square feet) 0 (square feet) Site 5 2 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 3 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 City of Durham DWQ# 13 -0503 401 AND BUFFER APPROVAL Page 3 of 5 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 4 Mitigation We understand that you have agreed to provide riparian buffer mitigation by payment into one of EBX's Mitigation Banks approved to serve the Neuse HUC 03020201 These mitigation banks may include the Forrest Creek Riparian Buffer Mitigation Bank, the Rudolph Site Riparian Buffer Mitigation Bank, or the Upper Neuse Buffer - Nutrient Reduction Mitigation Bank /Cedar Grove Site A total of 78,816 square feet of riparian buffer mitigation is required for impacting 26,272 square feet of riparian buffer as a result of this project Until EBX -EM, LLC receives and clears your check, impacts specified in this Authorization Certificate shall not occur You have 60 days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into one of EBX's Mitigation Banks approved to serve the Neuse HUC 03020201 to meet the following compensatory mitigation requirement: Type of Impact Compensatory Mitigation Required River and Sub -basin Number Buffer 78,816 (square feet) Neuse /03020201 5 This approval is for the purpose and design described in your application The plans and specifications for this project are incorporated by reference as part of the Certification and Buffer Authorization If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions 6 This approval and its conditions are final and binding unless contested This Certification and Buffer Authorization 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 (hereby known as OAH) A petition form may be obtained from the OAH at http / /www ncoah com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8 OOam and 5 OOpm, excluding official state holidays) City of Durham DWQ# 13 -0503 401 AND BUFFER APPROVAL Page 4 of 5 The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission Mailing address for the OAH If sending by First Class Mail via the US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (e g UPS, FedEx) Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 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 Please send one (1) copy of the petition to DWQ If sending by First Class Mail via the US Postal Service Karen Higgins NC DENR -DWQ— Webscape Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If sending via dehvery service (e g UPS, FedEx) Karen Higgins NC DENR -DWQ— Webscape Unit 512 N Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B 0233 Please contact Chern Smith at 919 - 791 -4251 or chern smith@ncdenr gov if you have any questions or concerns jeIy, si n � %nom Danny Sm , Supervisor Surface Water Protection — Raleigh Regional Office Enclosures GC 3884 and GC 3893 City of Durham DWQ# 13 -0503 401 AND BUFFER APPROVAL Page 5 of 5 cc U S Army Corps of Engineers, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, St 105, Wake Forest, NC 27597 Steve Hilderhoff, GHD Consulting Inc , 3128 Highwoods Blvd , Suite 140, Raleigh, NC 27604 DWQ RRO 401 files