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