HomeMy WebLinkAbout20151067 Ver 1_Approval Letter_20151130K
' PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
WaterResources
ENVIRONMENTAL QUALITY
November 30, 2015
City of Raleigh
Attn: Edward Stempien
One Exchange Plaza, Ste. 620
Raleigh, NC 27601
Secretary
S. JAY ZIMMERMAN
Director
DWR # 15-1067
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Beaverdam Creek Interceptor
Dear Mr. Stempien:
You have our approval for the impacts listed below for the purpose described in your
application dated October 12, 2015 and received by the Division of Water Resources (Division)
on October 13, 2015 with additional information received on November 20, 2015. These
impacts are covered by the attached Water Quality General Certification Number 3884 and the
conditions listed below. This certification is associated with the use of Nationwide Permit
Number 12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you
should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge,
and Water Supply Watershed regulations.
This approval requires you to follow the.conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0233(8)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
Type of Impact
Wetland
Impact Area C
Wetland
I. Impact Area D
Wetland
Impact Area E
Wetland
Impact Area F
Wetland
Impact Area G
Wetland
Impact Area H
Wetland
Impact Area L
Wetland
Impact Area M
Wetland
Impact Area N
Wetland
Impact Area O
Stream
Impact Area A
Stream
Impact Area B
Stream
Impact Area C
Stream
Impact Area E
Stream
Impact Area F
Stream
Impact Area H
Stream
Impact Area I
Stream
Impact Area J
Stream
Amount Approved
(units)
Permanent
0 (acres)
0 (acres)
0 (acres)
0 (acres)
0 (acres)
0 (acres)
0 (acres)
0 (acres)
0 (acres)
0 (acres)
0 (linear feet)
0 (linear feet)
0 (linear feet)
0 (linear feet)
0 (linear feet)
0 (linear feet)
0 (linear feet)
0 (linear feet)
0 (linear feet)
Beaverdam Creek Interceptor
DWR# 15-1067
401 AND BUFFER APPROVAL
Page 2 of 6
Amount Approved
(units)
Temporary
0.0836
(acres)
0.1119
(acres)
0.0431
(acres)
0.1392
(acres)
0.0388
(acres)
0.0428
(acres)
0.0265
(acres)
0.1690
(acres)
0.1140
(acres)
0.0905
(acres)
41 (linear feet)
21 (linear feet)
41 (linear feet)
41 (linear feet)
41 (linearfeet)
44 (linear feet)
48 (linear feet)
47 (linear feet)
44 (linear feet)
Impact Area K
Stream
Impact Area L
Stream
Impact Area P
Stream
Impact Area Q
Buffers —zone 1
Impact Area A
Buffers — Zone 2
Impact Area A
Buffers —zone 1
Impact Area B
Buffers —zone 2
Impact Area B
Buffers — Zone 1
Impact Area C
Buffers — Zone 2
Impact Area C
Buffers —zone 1
Impact Area E
Buffers — Zone 2
Impact Area E
Buffers — zone'l
Impact Area F
Buffers — Zone 2
Impact Area F
Buffers—Zone 1
Impact Area H
Buffers — Zone 2
Impact Area H
Buffers —zone 1
Impact Area I
Buffers — Zone 2
Impact Area I
Buffers —zone 1
Impact Area J
Buffers — Zone 2
Impact Area J
Buffers —zone 1
Impact Area K
0 (linear feet)
0 (linear feet)
0 (linear feet)
2,556 (square feet)
1,622 (square feet)
1,305 (square feet)
847 (square feet)
3,287
(square feet)
2,333
(square feet)
2,443
(square feet)
1,628
(square feet)
2,406
(square feet)
1,604
(square feet)
2,556
(square feet)
1,647
(square feet)
2,905
(square feet)
2,627
(square feet)
2,788
(square feet)
1,858
(square feet)
2,657 (square feet)
Beaverdam Creek Interceptor
DWR# 15-1067
401 AND BUFFER APPROVAL
Page 3 of 6
47 (linear feet)
52 (linear feet)
42 (linear feet)
0 (square feet) .
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet).
0 (square feet)
0 (square feet)
0 (square feet)
0
Buffers —Zone 2
Impact Area K
Buffers —Zone 1
Impact Area L
Buffers — Zone 2
Impact Area L
Buffers —Zone 1
Impact Area O
Buffers —Zone 2
Impact Area O
Buffers —Zone 1
Impact Area P
Buffers — Zone 2
Impact Area P
Buffers —Zone 1
Impact Area Q
Buffers — Zone 2
Impact Area Q
z
Beaverdam Creek Interceptor
DWR# 15-1067
401 AND BUFFER APPROVAL
Page 4 of 6
1,772 (square feet)
2,817 (square feet)
1,878 (square feet)
0 (square feet)
822 (square feet)
4,198 (square feet)
4,622 (square feet)
4,295 (square feet)
6,917 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
0 (square feet)
2. Mitigation Using Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from Greene Environmental Services to meet this
mitigation requirement. Until Greene Environmental Services receives and clears your
payment, and proof of payment has been provided to this Office, no impacts specified in
this Authorization Certificate shall occur. For accounting purposes, this Authorization
Certificate authorizes payment to Greene Environmental Services to meet the following
compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: \
Compensatory Mitigation River and Sub -
Required . basin Number
Riparian Buffer 8,733 (square feet) Neuse 03020203
3. No Waste, Spoil. Solids, or Fill of Anv 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. [15A NCAC 02H .0501
and .0502]
Beaverdam Creek Interceptor
DWR# 15-1067
401 AND BUFFER APPROVAL
Page 5 of 6
4. 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 15 NCAC 02H.0500. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
5. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification and
Buffer Authorization. If you change your project, you must notify the Division and you may
be required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this approval letter and General Certification
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of
General Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the
OAH at httt)://www.ncoah.c6m/ or by calling the OAH Clerk's Office at (919) 431-3000 for
information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DEN R-DWR-401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Beaverdam Creek Interceptor
DWR# 15-1067
401 AND BUFFER APPROVAL
Page 6 of 6
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR-DWR — 401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherri
Smith at 919-791-4251 or cherri.smith@ncdenr.gov if you have any questions or concerns.
Sin re
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3884
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr
Ste. 105; Wake Forest, NC 27597
Sean Hein; Green Engineering; 303 Goldsboro St. E.; Wilson, NC 27893
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit