20071450 Ver 1_Approval Letter_20071022

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City of Raleigh Public Utilities
Attn: Mr. Aaron Brower
P.O. Box 590
Raleigh, NC 27602
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 22, 2007
EXP# 07-1450
Wake County
Subject Property: Buffaloe Road Sewer Outfall
UT to Neuse River [030402, 27-(22.5), 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 -Express Review Program
Dear Mr. Brower:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 70 linear feet of perennial stream and 10,358 square feet of Zone 1 Neuse
River basin protected riparian buffers and 11,110 square feet of Zone 2 Neuse River basin protected
riparian buffers to install proposed sewer line located in the City of Raleigh, as described within your
application dated October 19, 2007 (resubmittal with revisions of original PCN submitted on October 2,
2007) and received by the N.C. Division of Water Quality (DWQ) on October 19, 2007, including
additional information received from Mr. Jay Keller on October 11, 2007 and October 18, 2007 (revised
plan sheet D-1). 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 letter shall
also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A
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 LAMA 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
Water Quality Certifications (GC362~ and any additional conditions listed below.
4010versight/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.enr.state.nc.us/ncwetlands
NO ° Caro~na
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City of Raleigh Public Utilities
Page 2 of 3
October 22, 2007
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:
Type of Impact Amount Approved
nits Plan Location or Reference
Stream - erennial ( erm.) 70 (linear feet) Oct. 19, 2007 PCN a e 5 of 10
Stream - erennial (tem 50 linear feet Oct. 19, 2007 PCN a e 5 of 10
Wetland 0.19 (acres Oct. 19, 2007 PCN a e 5 of 10
Buffers -Zone 1 10,358 (s uare ft.) Oct. 19, 2007 PCN a e 8 of 10
Buffers -Zone 2 11,110 s uare ft. Oct. 19, 2007 PCN a e 8 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.

City of Raleigh Yubhc Utilrt~es
Page 3 of 3
October 22, 2007
5. 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.
6. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
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 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 15A NCAC 2B .0233. If you have
any questions, please telephone Lia Myott or Joseph Gyamfi at 919-733-1786.
Sincerely,
f /~
~~~i'c~
Coleen H. Sullins, Director
NC Division of Water Quality
CHS/cbk/lem
Enclosures: GC 3625
Certificate of Completion
cc: James Shern, USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Jay Keller, 7921 Haymarket Lane, Raleigh, NC 27615
Filename: 071450BuffaloeSewerOutfall(Wake)401 _NBR