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HomeMy WebLinkAbout20080656 Ver 1_Approval Letter_20080425Michael F. Easley, Governor ~~~ W AT ~RP William G. Ross Jr., Secretary .~0 G North Carolina Department of Environment and Natural Resources ~ ~ Coleen H. Sullins, Director O .~ Division of Water Quality April 25, 2008 DWQ Project # 08-0656 Wake County Ms. Donna Jackson City of Raleigh -Public Utilities Department 3324 Lake Woodard Drive Raleigh, NC 27604 Subject Property: Sycamore Creek Elementary School Sycamore Creek [030402, 27-33-9, B, NSW] .Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Ms. Jackson: You are authorized to place fill within or otfeet if Zone 2 Neusa RQverrbasin protected riparian biufferaper protected riparian buffer, and 1,601 square 15A NCAC 2B .0233, as described in your application dated April 7, 2008, and received by the Division of Water Quality (DWQ) on April 8, 2008, to construct a sanitary sewer extension at the site. 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. 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 royal rea Hires youptor follow heaconditions llisted m the e for complying with all conditions. Th><s app Q attached certification and any additional conditions listed below. The Additional Conditions of the Authorization are: 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 T e of Im act PCN a e l l of 12 Buffers Zone 1 4,330 (s uare ft.) 1,601 (s uare ft.) PCN a e 11 of 12 Buffers Zone 2 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur buffer areas beyond the footprint of the impacts depicted in the Pre-Constructiintenanc cof sediment and eros~on co trot Best Management design, installation, operation, and ma N°OehCarolina ~atura!!t~ 401 OversightlExpress 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: htt ://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper City of Raleigh Page 2 of 3 April 25, 2008 Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. Sediment and Erosion Control Measures 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. 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; 6. Diffuse Flow Alt constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 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 Wetlands 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) 733-5205 if you have any questions concerning payment into a City of Raleigh Page 3 of 3 April 25, 2008 restoration fund. You have 60 calendar days from the date of this approval to make 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 ensato Miti ation Re uired River and Sub-basin Number Buffer Zone 1 12,990 (s uare feet) Neuse/03020201 Buffer Zone 2 2,402 (s uare feet) Neuse/03020201 8. Certificate of Completion Upon completion of all work approved within the Buffer Authorization, 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. Violations of any condition herein set forth may result in revocation of this Authorization and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Authorization, 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 Authorization and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization (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 the Neuse riparian buffer protection rule as described within 1 SA NCAC 2B .0233. If you have any questions, please tel Cyndi Karoly or Ian McMillan at 919-733-1786. CHSlijm Enclosures: Certificate of Completion Sincerel , Coleen H. Sullins cc: USACE Raleigh Regulatory Field Office Lauren Witherspoon, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Phillip Todd, SEPI Engineering Group, 1025 Wade Avenue, Raleigh, NC 27605 Filename: 080656SycamoreCreekElementarySchool(Wake)NBR ~~~ W A T~9P o ~ I(' >_1V_W~•~-~ Q `~ '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 North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, Ms. Donna Jackson and the City of Raleigh, have permission as outlined below to fill or otherwise impact 4,330 square feet of Zone 1 Neuse River basin protected riparian buffer, and 1,601 square feet of Zone 2 Neuse River basin protected riparian buffer, to construct a sewer line at the site, which is located off Leesville Road, after Farless Road intersection, near Raleigh, in 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 #: 20080656 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 4,330 S uare Feet Zone 1 Buffers 12,990 S uare Feet Zone 1 Buffers 1,601 S uare Feet Zone 2 Buffers 2,402 S uare Feet Zone 2 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 (919) 733-5205 Filename: 080656SycamoreCreekElementarySchool(W ake)NBR_EEP N °ehCarolina 401 Oversight/Express Review Permitting Unit ~QtuCQ«y 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/A~rmative Action Employer - 50% Recycled/10% Post Consumer Paper