20140876 Ver 1_Approval Letter_20140822

Pat McCrory
Governor
WDENR -
North Carolina Department of Environment and Natural Resources
August; 22, 2014
City of Raleigh — Public Utilities Department
Attn: Dennis Lassiter
P.O. Box 590
Raleigh, NC 27602
John E. Skvarla, III
Secretary
DWR # 14 -0876
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:0213 -0233) WITH, ADDITIONAL CONDITIONS
Richland Creek Interceptor Under Neuse River
Dear Mr. Lassiter:
You have our approval for the impacts listed below for the purpose described in your application
dated August 12, 2014 and received by the Division of Water Resources (Division) on August 13,
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`regul'ations.
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'iricidental impacts.
Noe Carol
Awk,ral,
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone [phone] Customer Service
Internet www ncwaterquality org Location- 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunely /Affirmative Action Employer — 50% Recycled1,10 %Post Consumer Paper

Richland Creek Interceptor
DWR# 14 -0876
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0 (acres)
0.052 (acres)
Site 1
Wetland
0 (acres)
0.012 (acres)
Site 2
Stream
0 (linear feet)
45 (linear feet)
Site 1
Stream
0 (linear feet)
25 (linear feet)
Site 2
Stream
0 (linear feet)
35 (linear feet)
Site 3
Buffers — Zone 1
1,212.89 (square feet)
0 (square feet)
Site 1
Buffers — Zone 2
806.9 (square feet)
0 (square feet)
Site 1
Buffers —Zone 1
1,205.47 (square feet)
0 (square feet)
Site 2
Buffers — Zone 2
803.62 (square feet)
0 (square feet)
Site 2
Buffers — Zone 1
0 (square feet)
1,917.94 (square feet)
Site 3
Buffers — Zone 2
0 (square feet)
1,086.76 (square feet)
Site 3
Buffers — Zone 1
0 (square feet)
2,025.25 (square feet)
Site 4
Buffers — Zone 2
0 (square feet)
1,029.45 (square feet)
Site 4
Buffers — Zone 1
0 (square feet)
2,076.6 (square feet)
Site 5
Buffers — Zone 2
0 (square feet)
1,384.51 (square feet)
Site 5
Buffers — Zone 1
0 (square feet)
1,762.63 (square feet)
Site 6
Buffers —Zone 2
0 (square feet)
1,073.48 (square feet)
Site 6

Richland Creek Interceptor'
D,wR# 14 =0876
401 AND BUFFER.APPROVAL
Page 3 of 5
2. Mitigation '
You have agreed to provide riparian' buffer mitigation by.payment into, the Ecosystem
:Enhancement Program (.EEP). •A total of 9;670:86 square'feet-of rriparian buffer mitigation is
required'for impacting 4,028:88 square4eet of riparian Ijuffer as,,a,'result of this [project. Until
EEP receives and clears your check, ,impacts,.specified in thi's Buffer Authorization shall, not
occur, You,haveU daysBfrom`the'daie of,thi's approval'to make this payment.. Payment to
EEP will lbe made to meet'the following compensatory;Mitigation.eequirement:
3. No Waste „Spoil, S'olids,,or'Fill of Any Kind -
No waste, spoil, solids,,or-.'filhof any kind,shall occur inwetlands,,Waters- or riparian areas
beyond the footprint of the impacts, d'epicted in the Pre - Construction Notification.. All
construction activities, including the, design, installation,,,opei ation,, and' mainten'anceiof
sediment and erosion control Best Management Practices,4shall'be performed, so that,no
violations ofstate water quality standards, statutes, or,rul'es occur:
4. Protective-Fencing
The °,outside,bufferj wetland or-water boundary and along'thezcins_truction corridor within
these bo,undaries,approved under this,authorization shall be clearly marked'with orange
warningfencing (or similar, high, visibility mater,•ial)-for "the areas that-have been!,app roved -to
infringe within the buffer,, wetland or -water prior to any land; disturbing,activities,to,ensure
compliance with 1'5 NCAC 02H .0500:
5. This•approval is, for the purpose and design described in your application. The plans and
specifications for this project are,incorpdrated'by reference,as,part�ofthe 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. Ifthe prop'er"ty,is sold,
the new'bwner must be given a, copy of thi's;approval'letter,and General'Certification , and.is
responsible for com,ply_ing with,all conditions.
6'. This�approval and its conditions_are,final and binding unless contested:
This Certification and Buffer Authorization. can bexontested as provid'ed;in Articles.3,and 4 of
General Statute 1506 by filing a written petition for an administrative hearing to the,Office of
Administrative Hearings (hereby'known as:OAH). A,petition foram may be obtained from the,OAH
.at, http: / /www.ncoah.com/ orlb,y calling the,OAH Clerk's Office, at (919) 431- 3000,for information.
Mitigation
Type of
Compensatory Mitigation
River,and$ub-
Provider
Impact
basin, Nurnber
E_EP
Buffer,
9;670.86 (square
Kleuse /03020101
feet)
3. No Waste „Spoil, S'olids,,or'Fill of Any Kind -
No waste, spoil, solids,,or-.'filhof any kind,shall occur inwetlands,,Waters- or riparian areas
beyond the footprint of the impacts, d'epicted in the Pre - Construction Notification.. All
construction activities, including the, design, installation,,,opei ation,, and' mainten'anceiof
sediment and erosion control Best Management Practices,4shall'be performed, so that,no
violations ofstate water quality standards, statutes, or,rul'es occur:
4. Protective-Fencing
The °,outside,bufferj wetland or-water boundary and along'thezcins_truction corridor within
these bo,undaries,approved under this,authorization shall be clearly marked'with orange
warningfencing (or similar, high, visibility mater,•ial)-for "the areas that-have been!,app roved -to
infringe within the buffer,, wetland or -water prior to any land; disturbing,activities,to,ensure
compliance with 1'5 NCAC 02H .0500:
5. This•approval is, for the purpose and design described in your application. The plans and
specifications for this project are,incorpdrated'by reference,as,part�ofthe 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. Ifthe prop'er"ty,is sold,
the new'bwner must be given a, copy of thi's;approval'letter,and General'Certification , and.is
responsible for com,ply_ing with,all conditions.
6'. This�approval and its conditions_are,final and binding unless contested:
This Certification and Buffer Authorization. can bexontested as provid'ed;in Articles.3,and 4 of
General Statute 1506 by filing a written petition for an administrative hearing to the,Office of
Administrative Hearings (hereby'known as:OAH). A,petition foram may be obtained from the,OAH
.at, http: / /www.ncoah.com/ orlb,y calling the,OAH Clerk's Office, at (919) 431- 3000,for information.

Richland Creek Interceptor
DWR# 14 -0876
401 AND BUFFER APPROVAL
Page 4 of 5
Within thirty (30) calendar days of receipt of this 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 between 8:00am
and 5:00pm, excluding official state holidays).
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 by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending 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
1617 Mail Service Center
Raleigh, NC 27699 -1617
If sending via delivery service
(e.g. UPS, FedEx):
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.

Richland Creek Interceptor
DWR# 14 -0876
401 AND BUFFER APPROVAL
Page 5 of 5
Sin, a ly;-
Danny S th
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3884
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
'Drive, St. 105; Wake Forest, NC 27597
Daniel Ingram; WK Dickson ,& Co.; 720 Corporate Centel- Dr.; Raleigh,, NC 27607
DWR RRO 401 Files