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HomeMy WebLinkAbout20071554 Ver 1_Approval Letter_20071024o~~~ wA r~9Q~ ~_ ~ ~ "'C" 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 24, 2007 City of Raleigh Public Utilities Department Attn: Mr. Dennis Lassiter PO Box 590 Raleigh, NC 27602 DWQ Project # 2007-1554 County: Wake Subject Property: Forestville Farms Pumping Station Elimination Project, Raleigh, NC UT to Neuse River [030402, 27-(22.5), C, NSW] AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B .0233) Authorization Certificate Dear Mr. Lassiter: You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to impact approximately 1,617 ft2 of Zone 1 and 3,310 ftZ of Zone 2 of the protected riparian buffers for the purpose of constructing the proposed sewer line and associated manholes at the subject property as described within your application dated August 28, 2007, received by the Division of Water Quality (DWQ) on September 12, 2007, with additional information received by DWQ on October 24, 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: 1. 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 roved Units Plan Location or Reference Zone 1 Buffers 1,617 s uare ft. PCN a e 11 Zone 2 Buffers. 3,310 s uare ft. PCN a e 11 2. Erosion & Sediment Control Practices 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: 919-733-1786 /FAX 919-733-6893 /Internet: ht~t ://h2o.enr.state.nc.us/ncwetlands N~o ` Carolina ~atura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper City of Raleigh Page 2 of 2 October 24, 2007 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 8. Buffer Mitigation (EEP) You are required to mitigate for impacts to'the protected riparian buffers. The required area of mitigation to compensate for 1,617 square feet of parallel Zone 1 buffer impacts is 4,851 square feet as required under this variance authorization and 15A NCAC 2B .0233. We understand that you wish to make a payment into the Riparian 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. In accordance with 15A NCAC 2B .0233, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this variance authorization shall occur. Ms. Susan Klimek should be contacted at (919) 733-5205 if you have any questions concerning payment into the EEP. For accounting purposes, this variance authorization authorizes payment into the Riparian Buffer Restoration Fund to compensate for 4,851 ft2 of required riparian buffer mitigation for impacts to 1,617 ftZ of protected riparian buffers; 03020201 river and subbasin." 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 (919) 733-1786. 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. Sincerely, i oleen H. Sullins, irector Division of Water Quality CHS/ijm/asc Enclosures: Certificate of Completion NC EEP Letter cc: Lauren Witherspoon, DWQ Raleigh Regional Office Stearns & Wheler, PLLC, 3128 Highwoods Blvd, Suite 140, Raleigh, NC 27604 DLR Raleigh Regional Office File Copy Central Files Filename; 071554ForestvilleFarmsPumpStationEliminationProject(Wake)NBR O~O~ W A T ~~pG r ~ ~ o -~ 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 1 SA NCAC 2H.OS00, to the City of Raleigh has permission as outlined below to fill or otherwise impact 1,617 square feet of Zone 1 Neuse River basin protected riparian buffer and 3,310 square feet of Zone 2 Neuse River basin protected riparian buffer, as described in your application dated August 28, 2007, and received by the Division of Water Quality (DWQ) on September 12, 2007, with additional information received by DWQ on October 24, 2007, to provide sewer behind 4019/4023 Cashew Drive, 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 #: 20071554 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 1,617 s ware feet Zone 1 buffers 4,851 s uare feet buffers One of the options you have available to satisfy the compensatpry 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 (919)733-5205 Filename: 071554Forestvi I IeFarmsPumpStationEl iminationProj ect(Wake)NB R_EEP None Carolina 401 Oversight/Express Review Permitting Unit tllCQlltf 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org ' An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper Certification of Completion DWQ Project No.: Applicant: Project Name: ,county: 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 within 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