HomeMy WebLinkAbout20141077 Ver 1_Approval Letter_20141020FTWA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
October 20, 2014
Public Utilities Department
Attn: Eileen Navarrete
1 Exchange Plaza, Ste. 620
Raleigh, NC 27602
John E, Skvarla, III
Secretary
DWR # 14 -1077
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 026 .0233) WITH ADDITIONAL CONDITIONS
Crabtree Basin Wastewater System Conveyance Improvements Phase II
Dear Ms. Navarrete:
You have our approval for the impacts listed below for the purpose described in your application
dated October 8, 2014 and received by the Division of Water Resources (Division) on October 9,
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:
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.
NNaoe Carol
tural,
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 7914200 Customer Service
Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 1- 877 - 623 -6748
An Equal Opportunity /Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
Crabtree Basin Wastewater System
DWR# 14 -1077
401 AND BUFFER APPROVAL
Page 2 of 8
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0 (acres)
0.05 (acres)
W -7
Wetland
0 (acres)
0.01 (acres)
W -C
Wetland
0 (acres)
0.02 (acres)
W -44B
Wetland
0 (acres)
0.03 (acres)
W -44
Wetland
0 (acres)
0.13 (acres)
W -2
Wetland
0 (acres)
0.0003 (acres)
W -3
Wetland
0 (acres)
0.05 (acres)
W -4
Stream
0 (linear feet)
81 (linear feet)
S -12
Stream
0 (linear feet)
67 (linear feet)
S -11
Stream
0 (linear feet)
60 (linear feet)
Crossing 3
Stream
0 (linear feet)
60 (linear feet)
Crossing 4
Stream
0 (linear feet)
72 (linear feet)
S -8
Stream
0 (linear feet)
60 (linear feet)
Crossing 5
Stream
0 (linear feet)
61 (linear feet)
S -7
Stream
0 (linear feet)
62 (linear feet)
Crossing 6
Stream
0 (linear feet)
60 (linear feet)
Crossing 7
Stream
0 (linear feet)
62 (linear feet)
Crossing 8
Stream
0 (linear feet)
91 (linear feet)
S -5
Crabtree Basin Wastewater System
DWR# 14 -1077
401 AND BUFFER APPROVAL
Page 3 of 8
Stream
0
(linear feet)
71 (linear feet)
S -2
Stream
0
(linear feet)
60 (linear feet)
Crossing 9
Buffers —Zone 1
0
(square feet)
2,882
(square feet)
Area 12
Buffers — Zone 2
0
(square feet)
1,216
(square feet)
Area 12
Buffers — Zone 1
0
(square feet)
7,700
(square feet)
Area 13
Buffers — Zone 2
0
(square feet)
3,910
(square feet)
Area 13
Buffers —Zone 1
0
(square feet)
1,304
(square feet)
Area 14
Buffers — Zone 2
0
(square feet)
2,847
(square feet)
Area 14
Buffers — Zone 1
0
(square feet)
1,484
(square feet)
Area 15
Buffers — Zone 2
0
(square feet)
1,002
(square feet)
Area 15
Buffers — Zone 1
0
(square feet)
2,032
(square feet)
Area 16
Buffers — Zone 2
0
(square feet)
9,345
(square feet)
Area 16
Buffers — Zone 1
0
(square feet)
4,624
(square feet)
5 -12
Buffers — Zone 2
0
(square feet)
1,981
(square feet)
S -12
Buffers —Zone 1
0
(square feet)
7,336
(square feet)
Area 17
Buffers — Zone 2
0
(square feet)
18,800 (square feet)
Area 17
Buffers —Zone 1
0
(square feet)
3,837
(square feet)
S -11
Buffers — Zone 2
0
(square feet)
2,632
(square feet)
S -11
Buffers —Zone 1
0
(square feet)
1,260
(square feet)
S -50
Buffers —Zone 2
0
(square feet)
927 (square feet)
S -50
Crabtree Basin Wastewater System
DWR# 14 -1077
401 AND BUFFER APPROVAL
Page 4 of 8
Buffers —Zone 1
0
(square feet)
8,105
(square feet)
Area 18
Buffers — Zone 2
0
(square feet)
12,335
(square feet)
Area 18
Buffers — Zone 1
0
(square feet)
4,036
(square feet)
Crossing 3
Buffers — Zone 2
0
(square feet)
2,539
(square feet)
Crossing 3
Buffers — Zone 1
0
(square feet)
3,687
(square feet)
Crossing 4
Buffers — Zone 2
0
(square feet)
2,411
(square feet)
Crossing 4
Buffers — Zone 1
0
(square feet)
9,933
(square feet)
Area 19
Buffers — Zone 2
0
(square feet)
8,362
(square feet)
Area 19
Buffers —Zone 1
0
(square feet)
6,484
(square feet)
S -8
Buffers —Zone 2
0
(square feet)
2,357
(square feet)
S -8
Buffers —Zone 1
621 (square feet)
3,076
(square feet)
Crossing 5
Buffers — Zone 2
413 (square feet)
2,049
(square feet)
Crossing 5
Buffers —Zone 1
0
(square feet)
0 (square
feet)
Area 19 -A
Buffers — Zone 2
0
(square feet)
1,002
(square feet)
Area 19 -A
Buffers —Zone 1
0
(square feet)
3,650
(square feet)
S -7
Buffers — Zone 2
0
(square feet)
2,422
(square feet)
S -7
Buffers — Zone 1
0
(square feet)
312 (square
feet)
S -7
Buffers — Zone 2
0
(square feet)
1,679
(square feet)
S -7
Buffers —Zone 1
615 (square feet)
3,061
(square feet)
Crossing 6
Buffers —Zone 2
426 (square feet)
2,033
(square feet)
Crossing 6
Crabtree Basin Wastewater System
DWR# 14 -1077
401 AND BUFFER APPROVAL
Page S of 8
Buffers — Zone 1
0
(square feet)
755 (square feet)
Crossing 6
Buffers — Zone 2
0
(square feet)
1,102
(square feet)
Crossing 6
Buffers — Zone 1
0
(square feet)
1,556
(square feet)
Area 19B
Buffers — Zone 2
0
(square feet)
470 (square
feet)
Area 19B
Buffers — Zone 1
0
(square feet)
4,973
(square feet)
Crossing 7/5100
Buffers — Zone 2
0
(square feet)
2,705
(square feet)
Crossing 7/5100
Buffers — Zone 1
0
(square feet)
1,674
(square feet)
Area 20
Buffers — Zone 2
0
(square feet)
9,307
(square feet)
Area 20
Buffers — Zone 1
0
(square feet)
3,853
(square feet)
Crossing 8
Buffers — Zone 2
0
(square feet)
2,612
(square feet)
Crossing 8
Buffers — Zone 1
0
(square feet)
3,050
(square feet)
Area 21
Buffers — Zone 2
0
(square feet)
5,911
(square feet)
Area 21
Buffers — Zone 1
0
(square feet)
15,700
(square feet)
Area 22
Buffers — Zone 2
0
(square feet)
23,938
(square feet)
Area 22
Buffers — Zone 1
0
(square feet)
2,370
(square feet)
Area 23
Buffers — Zone 2
0
(square feet)
2,814
(square feet)
Area 23
Buffers —Zone 1
0
(square feet)
12,410
(square feet)
Area 24
Buffers — Zone 2
0
(square feet)
10,721
(square feet)
Area 24
Buffers —Zone 1
0
(square feet)
4,424
(square feet)
S -2
Buffers — Zone 2
0
(square feet)
3,872
(square feet)
S -2
Crabtree Basin Wastewater System
DWR# 14 -1077
401 AND BUFFER APPROVAL
Page 6 of 8
Buffers —Zone 1
0
(square feet)
3,691
(square feet)
Area 25
Buffers — Zone 2
0
(square feet)
3,199
(square feet)
Area 25
Buffers — Zone 1
0
(square feet)
4,339
(square feet)
Area 25A
Buffers — Zone 2
0
(square feet)
0 (square feet)
Area 25A
Buffers — Zone 1
0
(square feet)
3,609
(square feet)
Crossing 9
Buffers — Zone 2
0
(square feet)
2,396
(square feet)
Crossing 9
1. Compensatory Mitigation Using a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the EBX Mitigation Bank to meet this
mitigation requirement. Until the EBX Mitigation Bank receives and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes
payment to the EBX Mitigation Bank to meet the following compensatory mitigation
requirement:
2. No Waste, Spoil, Solids, or Fill of Any Kind
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 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 quality standards, statutes, or rules occur.
3. 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 with 15 NCAC 02H .0500.
Compensatory
Mitigation Required
River and Sub -basin
Number
Buffers
67,710 (square feet)
Neuse 03020201
2. No Waste, Spoil, Solids, or Fill of Any Kind
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 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 quality standards, statutes, or rules occur.
3. 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 with 15 NCAC 02H .0500.
Crabtree Basin Wastewater System
DWR# 14 -1077
401 AND BUFFER APPROVAL
Page 7 of 8
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
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.
5. 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 OAH). 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.
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 If sending via delivery service
via the US Postal Service:
Karen Higgins
NC DENR -DWR — 401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
Crabtree Basin Wastewater System
DWR# 14 -1077
401 AND BUFFER APPROVAL
Page 8 of 8
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR -401 & Buffer
Permitting 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.
$inc rely,
Danny Smit
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
Sean Clark; SEPI Engineering & Construction; 1025 Wade Ave.; Raleigh, NC 27606
DWR RRO 401 Files