20050299 Ver 1_Approval Letter_20050317

W AT ?9QG
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

March 17, 2005
Town of Morrisville
100 Town Hall Drive, PO Box 166
Morrisville, NC 27560
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-0299
Wake County
Subject Property: Town of Morrisville: Concourse Interceptor Improvements
UT to Stirrup Iron Creek [03-04-02, 27-33-4-2, C NSW (nutrient sensitive)]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Sir or Madam:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 160 feet of streams and 2,496 square feet (ft) of protected
riparian buffers for the purpose of the installation of a sewer line at the subject property, as
described within your application dated February 16, 2005 and received by the N.C. Division of
Water Quality (DWQ) on February 16, 2005 and all additional information submitted and
received on March 2, 2005 and March 8, 2005. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3374
(GC3374). The Certification(s) allows you to use Nationwide Permit(s) 12 when issued by the
US Army Corps of Engineers (USACE). 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 CAMA 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 150 linear 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 certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 Oversight/Express Review Unit
1650 Mail Service Center, Raleigh, North Car6na 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetiands
NoithCarolina
AIatlrrally
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Town of Morrisville
Page 2 of 4
3/17/05
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 Approved
(Units) Plan Location or Reference
Stream 160 (feet) Sheet 2
Buffers 2,496 (square ft.) Sheet 2
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.
3. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area
of mitigation to compensate for impacts to the protected riparian buffers is 2,448 square feet
as required under this Authorization Certificate and 15A NCAC 2B .0242. 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 .0242(7), this contribution will satisfy our
compensatory mitigation requirements under 15A NCAC 213 .0233(10). 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 [phone] if you have any questions concerning payment
into the Riparian Buffer Restoration Fund. You have one month from the date of this
approval to make this payment. For accounting purposes, this Authorization Certificate
authorizes payment into the Riparian Buffer Restoration Fund to compensate for
2,448 ft2 of required riparian buffer mitigation for impacts to 816 ft2 of protected
riparian buffers; 03-04-02 river and subbasin and 27-33-4-2 stream index."
Town of Morrisville
Page 3 of 4
3/17/05
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 15A NCAC 213.0233 and GC 3374.
5. 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.
6. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal
and local sewer system regulations.
7. 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.
8. 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/Wetlands 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 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 or CAMA 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.
Town of Morrisville
Page 4 of 4
3/17/05
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 John Dorney or Cyndi Karoly at 919-733-
1786.
AWKIdae
Enclosures: GC 3374
Certificate of Completion
Sincerely,
A W.W. Klimek, P.E.
cc: Todd Preuninger-S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 050299
F W ATF9 Michael F. Easley, Govern or
Q
0 cretar
R
J
S
Willi
G
(6 oss
r.,
e
y
am
.
North Carolina Department of Environment and Natural Resources
W `/` -{
.?
- Alan W. Klimek, P.E. 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 211.0500, Town of Morrisville has permission as outlined below
to impact 160 linear feet of streams for the purpose(s) of the installation of a sewer line in Wake
County. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT
PROGRAM
DWQ #:
DATE:
LOCATION:
COUNTY
BASIN/ STREAM INDEX
05-0299
3/17/05
Morrisville
Wake
03-04-02/27-33-4-2
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation
of wetlands and surface waters 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).
Impacts:
160 Linear feet of stream
2,496 Square feet of stream buffer
Mitigation:
2,448 Square feet of stream buffer
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 it 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
401 Oversight/Express 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: htto://h2o.enr.state.nc.us/ncwetlands
NordiCarolina
Alatimally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Town of Morrisville
Page 2 of 2
3/17/05
NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM
ENHANCMENTPROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
152 Mail Service Center
RALEIGH, N.C. 27669-1652
[phone]
Filename: 050299TownofMorrisville(Wake)EEP