20071667 Ver 1_Approval Letter_20071011

O~O~ W AT ~RQG
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
October 11, 2007
City of Raleigh Public Utilities Department
Attn: Mr. Kenneth Waldroup
PO Box 590
Raleigh, NC 27602
DWQ Project # 2007-1667
County: Wake
Subject Property: Lower Pigeon House Branch Trunk Sewer Replacement, Raleigh, NC
Pigeon House Branch [030402, 27-33-18, C, NSW, 303d]
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B .0233) Authorization Certificate
Dear Mr. Waldroup:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 2,179 ft2 of Zone 1 and 2,011 ft2 of Zone 2 of the protected riparian buffers for
the purpose of constructing the sewer line at the subject property as described within your application
dated October 2, 2007, received by the Division of Water Quality (DWQ) on October 2, 2007. 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, Non-
discharge regulations.
This authorization 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 authorization letter and is thereby responsible for
complying with all conditions. This authorization requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
I. Impacts Approved
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:
Amount A rovcd. Units Plan Location or Reference
Zone 1 Buffers 2,179 (s uare ft.) Pa e 7 of PCN
Zone 2 Buffers 2,011 (s uare ft.) Pa e 7 of PCN.
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:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http'//h2o encstate.nc.us/ncwetlands
No°C Carolina
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City of Raleigh
' Page 2 of 2
October 11, 2007
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.
5. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
the stream as identified within 15A NCAC 2B .0233(5).
6. Protective Fencing
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 15A
NCAC 2B .0233.
Miti ation:
7. 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 Buffer Restoration Fund administered by 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 (919) 733-

City of Raleigh
Page 2 of 2
October 11, 2007
5205 if you have any questions concerning payment into a restoration fund. You have 60 calendar
days from the date of this approval to ma~Ce 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 ensator Miti anon Re aired River and Sub-basin Number
Buffer Zone I 1,920 (square feet) Neuse/03020201
8. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the 401
OversightBxpress Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at: http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
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 Authorization Certificate shall
expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0233. If you have any questions or would like a copy of the buffer rules, please call Amy Chapman at:
[phone]. This letter does not authorize any impacts to either Waters of the United States or
Waters of the State. Please contact the US Army Corps of Engineers (USAGE) or NC Division of Water
Quality (DWQ) if any impacts are proposed to either of these waters.
Si erely
Coleen H. Sullins, Director
Division of Water Quality
CHSlijmlasc
Enclosures: Certificate of Completion
NC EEP Letter
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Todd Preuninger, Withers & Ravenel, 111 MacKenan, Dr, Cary, NC 27511
File Copy
Central Files
Filename: 071667LowerPigeonHouseBranchSewer(W ake)NBR

O~O~ W A T ~9pG
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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, to the City of Raleigh has permission as outlined below to fill or
otherwise impact 2,179 square feet of Zone 1 Neuse River basin protected riparian buffer and 2,011 square feet of
Zone 2 Neuse River basin protected riparian buffer, as described in your application dated October 2, 2007, and
received by the Division of Water Quality (DWQ) on October 2, 2007, to provide a sewer replacement along
Lower Pigeon House Branch on the eastern side of Fenton Street, north of the intersection of Capitol Blvd and
Fenton Street in Raleigh, 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 #: 200710667
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 mitigabee 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
640 s uare feet Zone 1 buffers 1,920 s uare feet 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]
Filename: 0710667LowerPigeonHouseBranchSewer(W ake)NBR_EEP
401 Oversight/Express Review Permitting Unit !~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
~ne Carolina
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Certification of Completion
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional `~'
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permiee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built witlin
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date