20130682 Ver 1_Approval Letter_20140225

WDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
City of Raleigh
Attn: Scott Bryant
222 West Hargett Street, Room 301
Raleigh, NC 27602
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
February 25, 2014
John E. Skvarla, III
Secretary
DWR # 13 -0682
Wake County
Subject: Approval of 401 Water Quality Certification and Neuse Riparian Buffer Impacts
with Additional Conditions
City of Raleigh Brockton Drive Lake & Dam Project
USACE Action ID. No. SAW- 2009 -01069
Dear Mr. Bryant:
Attached hereto is a copy of Certification No. 3985 issued to Scott Bryant and City of
Raleigh, dated February 25, 2014. Please note that you should get any other federal, state
or local permits before proceeding with the subject project, including those required by (but
not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed
regulations.
This approval and its conditions are final and binding unless contested. This Certification /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) within sixty (60) calendar days.
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. 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 S:OOpm, excluding official
state holidays).

City of Raleigh
DWR# 13 -0682
Individual Certification #3985
Page 2 of 7
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 via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx, etc):
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
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 .0233. Please contact Jennifer
Burdette at 919 - 807 -6364 or iennifer.burdette @ncdenr.ov if you have any questions or
concerns.
cc
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
Robert Hopper, CDM Smith, 5400 Glenwood Ave, Suite 300, Raleigh, NC 27612
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA
30303
USACE Raleigh Regulatory Field Office
DWR RRO 401 files
DWR 401 & Buffer Permitting Unit
130682Cityof Raleigh Brockton DrLake & Dam (Wake)_401_IC_NRB_.docx

City of Raleigh
DWR# 13 -0682
Individual Certification #3985
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3985 is issued in conformity with the requirements of Section 401, Public Laws
92 -500 and 95 -217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500 and 15A NCAC 02B .0200, to Scott Bryant and City of Raleigh, who have authorization
for the impacts listed below, as described within your application received by the N.C. Division of
Water Resources (Division) on July 2, 3013 and subsequent information on August 9, 2013;
October 7, 2013; and February 24, 2014 and by Public Notice issued by the Division on
September 5, 2013.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92 -500 and PL 95 -217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
63 (linear feet)
75 (linear feet)
Open Water
01
0.84 (acres)
0 (acres)
02
2.72 (acres)
0 (acres)
03
0 (acres)
0.33 (acres)
04
0.34 (acres)
0 (acres)
05
0 (acres)
0.08 (acres)
Buffers —Zone 1
B1
448.8
(square feet)
0
(square feet)
B2
13,435.5
(square feet)
0
(square feet)
B3
21,490.5
(square feet)
0
(square feet)
B4
0
(square feet)
9,601.9
(square feet)
B5
0
(square feet)
39,326.7
(square feet)
B6
5,158.9
(square feet)
0
(square feet)
B7
744.1
(square feet)
0
(square feet)
Buffers — Zone 2
B3
12,980.7
(square feet)
0
(square feet)
B4
0
(square feet)
5,406.2
(square feet)
B5
0
(square feet)
13,164.9
(square feet)

City of Raleigh
DWR# 13 -0682
Individual Certification #3985
Page 4 of 7
2. A new riparian buffer that meets the requirements of 15 NCAC 2B .0233 (4) and (5) must be
established adjacent to the new channel in the upper pond as described and depicted in the
Pre - Construction Notification for this project.
3. Immediately post- construction, bare soils must be stabilized as quickly as possible by
providing a temporary ground cover. Newly seeded areas should be protected with mulch
and /or erosion matting. This ground cover is a temporary measure used to address erosion
until buffer restoration can be accomplished.
4. The Permittee shall replant the vegetation within temporarily disturbed areas associated
with this project in an "in kind" manner immediately following construction. (Example:
Disturbed areas with pre- existing grassed lawns must be replanted with grass. Disturbed
areas with pre- existing trees or woody vegetation must be replanted with trees and woody
vegetation. Disturbed areas with pre - existing forest vegetation must be replanted with
forest vegetation including at least two different native hardwood tree species at a density
sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by
planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.)
Restoration of trees /shrubs /forest must be completed by the first subsequent planting
season (November 1 through March 30). Note, if the tree plantings do not survive, they will
need to be replaced such that the density is sufficient to provide 320 trees per acre at
maturity.
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 application for this project. 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. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of
this permit.
6. Sediment and Erosion Control
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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. 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.
b. 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.

City of Raleigh
DWR# 13 -0682
Individual Certification #3985
Page 5 of 7
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
7. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project.
8. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self- monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
http :/ portal.ncdenr.org /web /wg /ws /su /npdessw #tab -w.
9. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
10. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life /fish kills.

City of Raleigh
DWR# 13 -0682
Individual Certification #3985
Page 6 of 7
11. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion.
12. All temporary pipes /culverts /riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis- equilibrium.
13. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and /or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area.
14. Any riprap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Riprap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure integrity of bank
stabilization measures.
15. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
16. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
17. Continuing Compliance
Scott Bryant and City of Raleigh shall conduct construction activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of State
and Federal law. If the Division determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that State or federal law is
being violated, or that further conditions are necessary to assure compliance, the Division
may reevaluate and modify this Certification. Before modifying the Certification, the Division
shall notify Scott Bryant and City of Raleigh and the U.S. Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public
hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be
provided to Scott Bryant and City of Raleigh in writing, shall be provided to the U.S. Army

City of Raleigh
DWR# 13 -0682
Individual Certification #3985
Page 7 of 7
Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean
Water Act, and shall also become conditions of the 404 Permit for the project.
18. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. 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
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name.
19. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at: http_ / /Dortal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandperr its/apply/forms).
20. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
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. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non - compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and /or civil penalties.
This the 25th day of February 2014
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH /jab
.;