20140030 Ver 1_Approval Letter_20140121

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
January 21, 2014
City of Raleigh
Attn: Ruffin Hall, City Manager
P.O. Box 590
Raleigh, NC 27602
DWR # 14 -0030
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (1SA NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Richland Creek Stream Relocation and Sanitary Sewer Replacement
Dear Mr. Ruffin:
You have our approval for the impacts listed below for the purpose described in your application dated
December 27, 2013 and received by the Division of Water Resources (Division) on January 8, 2014. These
impacts are covered by the attached Water Quality General Certification 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 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 certification and the following
additional conditions:
1. 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 of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
35 (linear feet)
0 (linear feet)
None Carolina
;Vatmrally
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone [phone]
Internet: www.ncwaterguality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity /Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper

Richland `Creek,Relocatibn and,Sewer Replacement
DWR #14 =0030•
401• AN_DBU_FFER APPROVAL
- Page 2 of3-
Buffers'—Zone 1
1,620 (squa_re feet)
0 (square feet)
Buffers:—Zonp'
558 (square feet) >.
0- (square,feet)
2'. No Waste, Spoil, Solids, or Fill of'Any,Kind . '
No waste, spoil; solid's, or fill of any .kind'shall*occur'in wetlands, Waters, or riparian, areas'beyondthe,
footprint of the impacts depicted in the Pre - Construction Notification. All construction .activities, including_
'the design, installation, operation; and maintenance•ofsedlmentland erosion control', Best Management
Practices; shall!be'performed so thatino violations of 'state water quality _standards, statutes, or rules
.occur,.
3. Protective• Fencing
The outside buffer; wetland or water boundary and along the, consteUctionr corridor" within ,these
boundaries ,approved under this authorizatioa shall be clearly marked wi,fh orange warning fencing, (or
similar high visibility material) for.the areas that,have been approved to infringe within the buffer.; wetland
or watet1pride to any, land di'stur,birfg,acti'vities�to ensure compliance with IS NCAC;02H .0500..
4. 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'Bu'ffer, Authorization. If you
changeryour project,.you must notifythe Division and youmay be.re,quired to submit a,new'application
package with the appro,priate�fee. 'If:the_property is sold, the new ownet -must be,given,a copy•of'this
approval Ietterand,.General Certification and is responsible,for complying•with all conditions.
5. This,approval•,and its,cgnditions; are �final'and binding unless,cgntested.
This, Certification and Buffer Authorization tan 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
(h,erebyknown as•OAH).. A petifion.`form may be•,obtained from the ,OAHxathtto: /, /Www:ncoah.com/ or by
calling the OAH'Clerk's Office, at�(919) 431- 39 00_for information.
Within siXty, (60)rcalendar',dajs�of receipt of'th`is,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'befween 8:06am'and 5:00pm,
excluding official stateholiday"s):,
The petition may �be'faxed`to� the OA'H,at (9119) 431 -3100, provided the °o_riginal 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. ,
Mai
ling, address, for the OAH:
If ^sending,by First Class Mail. If sending vio delivery service
vto tie US`PostaPSe'rvice: .(e.g. UPS; `Fedtx): -

Richland Creek�Relocation and,,Sewer Repldeeriient
'DWR^ #14-0030 _
4012ANDs81LIFFER APPROVAL
Page 3•of 3
Office of Adm'inistrative`Hear,i'ngs office of'Administrative Hearings
`6714,M.a l•Service,Center 1711,NeW Hope Church Road
'Raleigh, NC 27699 -6714 'Raleigh, NC 27609 -6285
One >(1) copy of the petition must a'Isolbe served °to DENR:
-Lacy P.resnelli General,Counse_',I -
Department Ofi'Environmentand Natural Resources
1601 Mail Service Center -
'Raleigh, NC 27699 -1601
'Please send one (1) copy of We'petition to DWR:
Ifsending'by First Class ,Mad If sending via delivery service
vid the US Postdl Service: (e. g. 0PS,,FedEx):
Karen Higgins 'Karen Higgins
NC DEN R-DWR'— Webscape Unit �NC DENR =dWR. Webscape, Unit
1650 Mail Service Center :S12 N., Salisbury'Steeet'
Raleigh,,,NC 27699 =1650 - Raleigh, NC 27604
This letter completes,th'e review of the,Division under'section 40=1 of the +Clean Water,Act.and the Neuse
Riparian BufferAules as described in 15A NCACO2B.'.0233 . Please contact Cher'h,S'mith,at 919-',T791-42-51 or
cherri'.smith @ncdenr.gov if you bave any questions or,concerns,
Sinc rely;
Danny mith, Supervisor
_ Water 'Qudlity;R'egion•al,Operations - Section,
,Enclosures-. GC 3884 -
cc U.S. Arm,y�Corps,ofjEngineers; Raleigh Regulatory rield,Office- 3331 Heritage,Trad0 Drive, St. ,105;
Wake Forest, NC 27597.
`RRO DWR_,401 -Files
Matthew Watt; Dewberry, Engineers'Inc., 2301 ,Rexwoods, Drive, �Ste,,'2Q0; Raleigh, NC27607