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HomeMy WebLinkAbout20070956 Ver 1_Approval Letter_20070703O~O~ W A T ~qQG >_ ~ ~ Y Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources July 3, 2007 Mr. H. Dale Crisp, Director City of Raleigh Public Utilities Department P.O. Box 590 Raleigh, NC 27602 Subject Property: Knightdale Water Systems Poplar Creek [030402, 27-35, C, NSW] Coleen H. Sullins, Director Division of Water Quality DWQ Project # 07-0956 Wake County Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Mr. Crisp: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 30 linear feet of perennial stream and 3,000 square feet of Zone 1 Neuse River basin protected riparian buffers and 2,000 square feet of Zone 2 Neuse River basin protected riparian buffers to install a 12-inch waterline located south of the Town of Knightdale, as described within your application dated May 22, 2007 and received by the N.C. Division of Water Quality (DWQ) on May 25, 2007, with additional information received from you on June 29, 2007. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3625 (GC3625). The Certification(s) allows you to use Nationwide Permit(s) 12 when issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .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 or CAMA 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 2H .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 impacts: 4010versighUExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-68931 Internet: http://h2o.en r. state. nc. us/ncwetlands None Carolina ~atura!!y An Equal OpportunitylAffirmative Action Employer - 50% Recycledl10% Post Consumer Paper City of Raleigh Page 2 of 3 July 3, 2007 T e of Im act Amount A roved Units Plan Location or Reference Stream - erennial 30 linear feet PCN a e 8 of 12 Buffers -Zone 1 3,000 (s ware ft.) PCN a e 11 of 12 Buffers -Zone 2 2,000 s uare ft. PCN a e 11 of 12 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. 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. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 OversightlExpress Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. City of Raleigh Page 3 of 3 July 3, 2007 If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask, for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Cyndi Karoly at 919-733-9721 or Amy Chapman at 919-715-6823. CHS/cbk/ijm Enclosures: GC 3625 Certificate of Completion Si ely, Coleen H. Sullins, Director Division of Water Quality cc: Lauren Cobb, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files DLR Raleigh Regional Office Tyler W. Highfill, Highfill Infrastructure Engineering,PC, 1150 SE Maynard Road, Suite 250, Cary, NC 27511 Filename: 070956KnightdaleWaterSystems(Wake)401_NBR Certification of Completion . DWQ Projectl~Io.~; County, . ~A-pppicant, - Proj ect Name; - ~ . Date of Issuance of Wetland Permit; . Cert~cate of Completion - Upon, cornpletion of all work appro t ~ re I~d toe return this certificate tt the O IaOversight/Express •Permitting Unit subsequent modifications, the applzcan q North Caxolina Division of Water Quality, 1650 Mail• Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the .applicant's authorized agent, or the project engineer. It is •nQt necessary to send certificates from all of these. Applicant's C`ert~' acation I - ,hereby -state that, to the best of my abilities, due care and. diligence was used in the observation of the construction such that the construction was observed to be built within substantial oompliance and infant of the 401 Water Quality Certifeation •and Buffer Rules, the•approved plans and specifications, and other supporting materials. Signature: Date: - ,Agent's Certification I ,hereby state tb.at, to -the best of my abilities, due care and diligence was used in the observation of the construction .such that the construction .was observed to be built within substantial compliance and intent of the 4U1 Water Quality Certification and :Buffer Rules, the approved plans and specifications, and other supporting materials. ~ • Signature; Data: If this project was designed by a Certified Professional - i e., En eer, I, ~ _ , as a duly registered Professional - ' _ ~~~ ~ Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to. observe ~ (periodioally; weeltly,. full time) the construction-of the project, for the Permittee hereby state that, to the bast of my abilities, due care 'and diligence was used in the observation of tb.~e construction -such that the construction was observed to be built within sixbstantisl compliance and intent of the 401 Water Quality .Certification. and Buffer Rules, the approved .plans and specifications, and other supporting materials. ~ ~ ~ . Signature; Registration No.. ~ Date