HomeMy WebLinkAbout20071554 Ver 1_Approval Letter_20071024o~~~ wA r~9Q~
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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
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
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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
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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 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