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HomeMy WebLinkAbout20131020 Ver 1_Approval Letter_20131002ALT-,NWIFJ NC®ENR North Carolina Department of Environ'men't and Natural"ReSourceS Division of Water`Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director, October 2, 2013 City of Raleigh — Public Utilities Department Attn: Dennis Lassiter P.O. Box 590 Raleigh, NC,27602 John E. Skvarla, III Secretary DWR # 13 -1020 Wake 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 Richland Creek Sanitary Sewer Rehabilitation Project Dear Mr:, Lassiter: You have our approval for the impacts listed below for the purpose described in your application dated September 11, 2013 and received by the Division of Water Resources (Division) on September 16, 2013. These impacts are covered by the attached Water,Quality General Cert ification Number 3884 and the conditions listed below, This, certification is associated with the use of Nationwide Permit Number 12 once it is issued`to you by the U.S. Army Corps of "Engineers. Please note that you should get an%y 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 regulatioris. This approval requires you to follow•the.conditions listed In the enclosed certification and`the following additional conditions: The following impacts are hereby approved provided that all 'of the other specific and general conditions of the Certification, General Permit and /or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type ofllmpact, Amount,Approved -Amount.Approved (units) (units) Permanent Temporary' Wetland 0 (acres) 0.204 (acres) Site 1 Nose Carolina tura!!ff North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 Internet www ncwaterauahty org Location 3800'Barrett Drive Raleigh, NC 27609 Fax (919)788 -7159 An Equal'OpportunitylAffirmatwe Acton Employer- 50% Recycled/10% Post Consumer Paper Richland Creek,Sanitary Sewer DWR #13 -1020 401 AND BUFFER APPROVAL Page 2 of 9 Wetland 0 (acres) 0.115 (acres) Site 2 Wetland 0.104 (acres) 0.161 (acres) Site 3 Wetland 0.112 (acres)� 0.3731 (acres)• Site 4 Wetland 0.011 (acres) `0.067 (acres) Site 5 Wetland '0.01.3 (acres) 0.013 (acres) Site 6 Wetland 0 (acres) 0.205 (acres) Site 7 Wetland 0 (acres) 0.002 (acres) Site ,9 Wetland 0.006 (acres) 0'.048 (acres) Site 11 Wetland 0.169 (acres) 0.196 (acres) Site 12 Wetland 0.'001 (acres)'' 0 (aches') Site 13 Wetland - 0 (acres) 0.036 (acres) Site 14 Stream 15 (linear feet ), 30 (linear feet) Site 1 Stream 0 (linear feet) 20 (linear feet) Site 2 Stream 0 (linear feet) 81 (linear,feet•) Site 3 Stream '0 (linear feet) 73 (linear feet) Site 4 Stream 0 (linear feet) 60 (linear feet) Site 5 'Stream 1 10 (linearfeet) 30 (linear feet) Site 6 'Stream 9 (linear feet) 23 (linear feet) Site 7' Stream 0 (linear feet) 44 (linear feet) Site 8 _ Stream 0 (linear feet) 36 (linear feet) Site 9 Stream 0 (linear feet) 10 (linear feet) Richland Creek Sanitary Sewer DW,R #13 -1020 401 AND BUFFER APPROVAL Page 3 of 9 Site 10 - Stream 0 (linear feet) 37 (linear feet) Site'11 Stream 0 (linear feet) 5 (linear feet) Site 12 L Stream '0 (linear feet) 20 (linear feet) Site 13 Stream 0 (linear feet) 30 (linear feet) Site 14 Stream 15 (linear feet) 29 (lineatleet) Site 1'5 Stream 33 (linearifeet) 15 (linear feet), Site 16 Stream 0 (linear feet) 30 (Linear feet) Site 17 Stream 7 (linear feet) 33 (linear'feet), Site 18 Stream 15 (linear -feet) 26 (linear'feet) Site 19 Stream 0 (linear feet)- 30 (linear feet) Site 20 Stream, 0 (linear feet) 215 (linear feet) Site 21 Stream 10 (linearfeetY° S2 (linearfeet)' Site 22 Stream 9 (linear feet) 40 (linear feet) Site 23 Stream 15 (linear feet) 2.1 (linear feet) Site 24 Stream 15 (linear'feet) .28 (linear, feet) Site 25 Stream 30 (linear feet) 225 (linear feet) Site 26 Stream 0 (linear feet) 35 (linear feet) Site"27 Stream 0 (linear feet)35, (linear°feet)' Site 28 Stream 0 (linear feet) 30 (linear feet) Site 29 Buffers — Zone 1 1,972.6 (square feet) 12,017.3 (square feet) 'Site 1 Richland Creek•Sanitary Sewer DWR #13 -1020 401 AND BUFFER APPROVAL Page 4,of 9' Buffers — Zone 2 0 (square feet) 14,023,.6 (square feet) Site 1 Buffers — Zone l 287.1 (square feet) 2,257 (square feet) Site 2 Buffers — Zone 2 0 (square ,feet) 3,778.5 (square feet) Site 2 Buffers —Zone 1 396.1 ('square feet), 0 (square feet) Site 3 Buffers— Zone 2 0 (square feet) 6,455.5 (square feet) Site 3 Buffers —Zone 1 79.2 (square feet) 0 (square'feet) Site 4 ,Buffers*= Zone 2 0 (square feet) 1,524.5 (square feet) Site 4 Buffers —Zone 1 5;178.6 (square feet) 5,820:_6 (square feet) Site 5 Buffers —Zone 2 0 (square feet) 7,206.5 (square feet) Site 5 Buffers' —Zone 1 525.8 (square feet) 6,281.8 (square feet) Site 6 Buffers — Zone 2 0 (square feet) 15,130.3 (square feet) Site 6 Buffers —Zone 1 1,150.1 (squarefeet) 28;307.3 (squarefeet) Site 7 - Buffers — Zone 2 0 (square feet) _ 13,209.9 (square feet) Site ,7 Buffers —Zone 1 88.1 (square feet) 2,120.3 (square feet)' Site 8 Buffers — Zone 2 0 (square feet) 6,189.5 (square feet) Site 8 Buffers —Zone 1 1,912.2' (square feet) 3,107 (square feet) Site 9 Buffers`— Zone 2 2,051.2 (square feet) 4,194.6 ('square feet) Site 9 Buffers — Zone 1 1,052.1 (square feet) 517.6 (square feet) Site .10 Buffers — Zone 2 702.4 (square feet) 3341_ (square feet) Site 10 Buff_ ers — Zon,e 1 '2;457.6 (square feet)' 4,392.5 (square feet) Site 11 Buffers — Zone 2 0 _(square feet) 6,768.2 (square feet) Richland Creek Sanitary Sewer DWR #13 -1020 401 AND BUFFER APPROVAL Page 5 of'9 Site 11 Buffers —Zone 1 1,744.2 (square feet) 3,649.3 (square feet) Site° 12 Buffers — Zone 2 0 (square feet) 5,873 (square feet) Site 12 Buffers — Zone 1 2,479.4 (square feet) 0 (square feet) Site 13 Buffers — Zone 2 0 (square feet) 731.4 (square feet) Site 13 Buffers — Zone 1 1,354.4 (square feet) 18,059.3 (square feet) Site 14 Buffets — Zone 2 0 (square feet) 4,699.7 (square feet) Site 14 Buffers —Zone 1 249.6 (square feet) 8,706 (square feet) Site 15 Buffers —Zone 2 0 (square feet) 1,014.4 (square feet) Site 15 Buffers — Zone 1 4,267 (square feet) 32,036 (square feet) Site 16 Buffers — Zone 2 0 (square feet) 18,556.1 (square feet) Site'16 Buffers —Zone 1_ 4,061.6 (square feet) 10,,723.4 (square feet) Site 17 'Buffers— Zone 2 0 (square feet) 7,154:8 (square feet) Site 17 - Buffers— Zone 1 '1,331.3 ,(square feet) 6,787:4 (square feet) Site 18 Buffers— Zone 2 0 (square feet) 3,156.1 (square feet) Site 18 Buffers — Zone 1 565.4 (square feet) 2,503.1 (square feet) Site 19 Buffers — Zone 2 0 (square feet) 4,101.1 (square feet) Site 19 Buffers — Zone 1 51.3 (square feet) 1,356.2 (square feet) Site 20 Buffers — Zone 2 0 (square feet) 3,773.2 (square feet) Site 20 1 Buffers —Zone 1 1,527.9 (square feet) 8,237.5 (square feet) Site 21 Buffers — Zone 2 0 (square feet) 11,370.1 (square feet) Site 21 Richland, Creek Sanitary Sewer DWR #13 -1020 401 AND BUFFER APPROVAL Page 6 of 9 Buffers —Zone 1 67:9 (square feet) 9,312.7 (squarefeet) 'Site.22 Buffers — Zone 2 0 (square feet) 7,013.6 (square feet) Site 22 Buffers —Zone 1 825.6 (square feet) 12,540.2 (square feet) Site 23 Buffers — Zone 2 0 (square feet) 9,393 „7 (square feet) Site 23 Buffers — 'Zone ,1 3,310.3 (square feet) 8,5171 (square feet) Site 24. Buffers — Zone 2 0 (square feet) 7,914.1 (sgiaare,feet) Site 24 Buffers —Zone 1 10,588.4 (square feet) 19,862.7 (square feet) Site 25 Buffers —Zone 2 0 (square feet) 17,559.5 (square feet) Site 25 Buffers -Zone 1 1,460.3 (square,feet) 0 (square,feet) Site 26 Buffers — Zone 2 0 (square feet) 1,492.8 (square feet) Site 26 Buffers —Zone 1 6,646.2 (square feet) 7,455.6 (square feet) Site 27 Buffers —'Zone 2 0 (square 'feet) 4,323.1 ('square feet) Site 27 2. Mitigation We understand you have agreed to provide riparian wetlands' mitigation by payment into the Ecosystem Enhancement Program (EEP). A total of 0.416 acre of riparian wetlands mitigation is required for permanently impacting 0.416 acre of riparian wetlands as a result of,this project. We understand you have agreed to provide stream mitigation by payment into EBX's Neu -Con Umbrella Mitigation Bank; and /or the Forrest Creek Stream Mitigation Bank including the Forrest Creek UT -2 site. A total of 173 linear feet of stream mitigation is required for permanently impacting 173 linear feet of stream as a result of this project. We understand you have agreed to provide riparian buffer' mitigation by payment into EBX's, Neuse Riparian Buffer Umbrella Mitigation Bank/Rudolph Site, Forrest, Creek Riparian Buffer Mitigation Bank, and /or the Upper Neuse ',Buffer Bank. A total of 152,040 square feet: of''riparian buffer, mitigation 'is required for permanently, impacting 50,680 square,feet of riparian buffer�,as a result of this project. Until EEP and EBX receive and clear your checks, impacts specified in this Authorization Certificate shall not occur. You have 60 days from the date of this.approval to make this payment. Richland Creek'Sanitary Sewer DWR #13 -1020 401 AND BUFFER APPROVAL Page'7 of 9 Mitigation Type of Compensatory Mitigation River and Sub - Provider. Impact basin Number EEP Riparian 0.416 (acre) Neuse /03020201 Wetland EBX Stream -173 (linear feet), Neuse /03020201 EBX Riparian 152,040 (sq. feet) Neuse /03020201 Buffer 3. No Waste,. Spoil, Solids, or Fill of Any Kind No waste, spoil, solids; or fill ofany 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 qua'lity�stand`ards, statutes, or rules occur. 4. Protective Fenci 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 wit'h 15 N,CAC 02H .0500. 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 OAFi.). A petition form may be obtained from the OAH'at http: / /www.ncoah.com/ or'by calling the OAH Clerk's Office at (91,9) 431 -3000 for information. Within sixty (60) calendar days of receipt of thisfnotice, 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 8:00am and 5.,00pm, excluding official state holidays). Richland C_ reek.Sanitary Sewer DWR #13 -1020 401 AND BUFFER APPROVAL Page 8 of�9 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�followingthe 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 Ifsendmg 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 DWR: If sending by First Class'Mail "via the US Postal Service: Karen Higgins NC DENR -DWR — Webscape Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If sending via delivery service fe.g. UPS, FedExJ: Karen Higgins 'NC DENR -DWR — 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 Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. Since ely, ,� �h ylityv anny Smupervisor Water Qu ection — Raleigh Regional' Office Enclosures: GC 3884 Richland Creek'Sanitary Sewer DWR #13 -1020 401 AND BUFFER APPROVAL Page 9 of 9 cc:� U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;, Wake Forest, NC 27597 Mark Fisher; WK Dickson & Co.; 720 Corporate Center Drive; Raleigh, NC 27607