20071093 Ver 1_Approval Letter_20070928

~~F WAT~RQ Michael F. Easley, Governor
,,,~ t'i William G. Ross Jr., Secretary
~~.-- North Carolina Department of Environment and Natural Resources
~ ~
~ ~ Coleen H. Sullins, Director
Division of Water Quality
September 28, 2007
DWQ Project # 07-1093
Wake County
Mr. Russell Allen, City Manager
City of Raleigh Public Utilities Department
P.O. Box 590
Raleigh, NC 27602
Subject Property: City of Raleigh -Crabtree Creek North Bank Interceptor
Ut to Crabtree Creek [030402, 27-33-(10), C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions -REVISED
Dear Mr. Allen:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 3.385 acres of 404/wetland (0.498 acres permanent impact, 2.887 acres
temporary impact), 30 linear feet of perennial stream (temporary impact), and 13,106 square feet (ft2) of
Zone 1 of the Neuse River basin protected riparian buffers and 23,250 square. feet (ft2) of Zone 2 of the
Neuse River basin protected riparian buffers, to construct a replacement sewer line at the site, as
described within your application dated June 18, 2007 and received by the N.C. Division of Water
Quality (DWQ) on June 21, 2007, with additional information received ftom you on July 16, 2007. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3625 (GC3625). The Certification(s) allows you to use Nationwide Permit(s) 12
when issued by the US Army Corps of Engineers (USAGE). This Certification replaces the
Certification issued to you on August 3, 2007. This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per I SA NCAC 2B .0233. In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before you go ahead
with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge
regulations. Also, 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.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 1501inear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 OversightlExpress Review Pennitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: http://h2o.enr.state.nc.us/ncwetlands
Noo° Carolina
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City of Raleigh
Page 2 of 4
September 28, 2007
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
T e of Im act Amount A roved Units Plan Location or Reference
404/Wetland 3.385 acres of 404/wetland (0.498 acres permanent
im act, 2.887 acres tem ora im act PCN page 4 of 10
Stream - erennial 30 (linear feet) - tem orar PCN a e 4 of 10
Buffers -Zone 1 13,106 (s uare ft.) PCN a e 8 and 9 of 10
Buffers -Zone 2 23,250 (square ft.) PCN age 8 and 9 of 10
2. Erosion & Sediment Control Practices
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 in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The 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.
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
Miti ag tion:
5. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by

City of Raleigh
Page 3 of 4
September 28, 2007
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 calendar days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into
the Wetlands Restoration Fund to meet the. following compensatory mitigation
requirement:
T e of Im act Com ensato Miti ation Re aired River and Sub-basin Number
Buffer Zone 1 38,967 (s ware feet) Neuse/03020201
6. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 1 SA NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly at 919-733-9721 or Amy Chapman at 9 -715-6823.
Sincerely,
oleen H. Sullins, Director
ivision of Water Quality
CHS/cbk/ijm
Enclosures: GC 3625
Certificate of Completion

City of Raleigh
Page 4 of 4
September 28, 2007
cc: Lauren Cobb, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
DLR Raleigh Regional Office
Todd Preuninger, Withers & Ravenel, 114 MacKenan Drive, Cary, NC 27511
Filename: 071093 CORaleighCrabtreeCreekNorthBankInterceptor(Wake)401 _NBR_Rev ised

O~O~ W A T ~RQG
~ ~ ` ~. -~
~ j~ "~'
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Russell Allen and the City of Raleigh, have permission as outlined
below to fill or otherwise impact 3.385 acres of 404/wetland (0.095 acres permanent impact, 3.29 acres temporary
impact), 30 linear feet of perennial stream (temporary impact), and 13,106 square feet (ft2) of Zone 1 of the Neuse
River basin protected riparian buffers and 23,250 square feet (ftZ) of Zone 2 of the Neuse River basin protected
riparian buffers, to construct a replacement sewer line at the site, which is located along Old Wake Forest Road and
Raleigh Boulevard, in Wake County, North Carolina. All activities associated with these authorized impacts must
be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT
VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20071093
LOCATION: Raleigh
COUNTY Wake
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti ation
12,989 S uare Feet Zone 1 Buffers 38,967 S uare Feet Zone 1 Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
401 Oversight/Express Review Permitting Unit Jf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: hrip://www.ncwaterquality.org
Filename: 071093CORaleighCrabtreeCreekNorthB ankInterceptor(Wake~101 _NBR_EEP
None Carolina
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper