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Home My WebLink About20081028 Ver 1_Approval Letter_20080710 ~F WArFqp Michael F. Easley, Governor o t William G. Ross Jr., Secretary r- North Carolina Department of Environment and Natural Resources Q C Coleen H. Sullins, Director Division of Water Quality July 10, 2008 DWQ Project # 08-1028 Wake County Mr. Lynn Raynor/Jed Niffenegger - City of Raleigh Public Works Department 222 Hargett Street Raleigh, NC 27602 Subject Property: Perry Creek Road Widening Ut to Perry Creek [030402, 27-25-(2), 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 Gentlemen: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.019 acres of 404/wetland, and 0.00 square feet of Zone 1 Neuse River basin protected riparian buffer, and 0.00 square feet of Zone 2 Neuse River basin protected riparian buffer, as described in your application dated June 25, 2008, and received by the Division of Water Quality (DWQ) on June 27, 2008, to construct the widening of Perry Creek Road at the site. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3704 (GC3704). The Certification(s) allows you to use Nationwide Permit(s) NW 14 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 213 .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 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: QNVA44 401 Oversight/Express Review Permitting Unit NQtllC4Y 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://h2o.enr.state.ne.us/ncwetlands City of Raleigh Page 2 of 4 July 10, 2008 Type of Impact Amount Approved Units Plan Location or Reference 404/Wetland 0.019 (acres) PCN page 8 of 13 Buffers Zone 1 0.00 (square ft.) PCN page 11 of 13 Buffers Zone 2 0.00 (square ft.) PCN page 1 I of 13 2. 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. 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. Diffuse Flow All 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. 6. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time lots or properties are recorded. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. City of Raleigh Page 3 of 4 July 10, 2008 7. Construction Stormwater Permit NCGO10000 y the the approval of an Erosion and Sedimentation Control plan issued control prpoigramnan Land Upon Resour rces (DLR) or a DLR delegated local erosion and sedimentation NPDES General stormwater permit (NoGO10000) administered by DWQ is automatically issued allows stormwater to be discharged during land disturbingthis covered to the protect. This General Permit d b that disturb one (1) permit. or If more your pro acres], full is full compliance construction activities as stipulated by conditions permit [applicable to construction projects record with permit conditions including the sedimentation control and monrtoringgeport fornispmay and reporting requirements are required. A copy of this permit be found at htt ://h2o.enr.state.nc.us/su/Forms Documents.htm. 8. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these to nngnge warninith g the ing boundaries approved under this authorization shall be clearly n arked with (or similar high visibility material) for the areas that have e approved buffer, wetland or water prior to any land disturbing activities; 9. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable the applicant is required to return the attached Buffer Rules, and any subsequent modifications, ress Review Permitting Unit, North Carolina certificate of completion 'to the 401 Oversight/Exp 27699-1650. Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, and may result in Violations of any condition herein set forth may result proceed with your proposed impacts anor to conduct on ' criminal and/or civil penalties. The authorization p impacts to waters as depicted in your application and as authorized by this Certification, shall expire up expiration of the 404 or CAMA Permit. If you roved wetland or do not accept any of the conditions of this Certificationo(asssoci acted within ith t e days of the date that stream impacts), you may ask for an adjudicatory hearing r 150B you receive this letter. To ask for a hearing, send a written petition, ve Hearings 6714 Mail Servtece C rater, binding unless you the North Carolina General Statutes to the office of A minis Raleigh, ask for a N.C. 27699-6714. This certification and its conditions are final and hearing. roved Any over determinations regarding this Authorization Certificate (associated with the app . , disputes o - buffer impacts) shall be referred in writing to the Director decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. lSOB City of Raleigh Page 4 of 4 July 10, 2008 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 Cyndi Karoly or Ian McMillan at 919-733-1786. SLn y, l een H. Sullins c CHS/gym Enclosures: GC 3704 Certificate of Completion cc: USACE Raleigh Regulatory Field Office Lauren Witherspoon, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Amber L. Coleman, Stantec Consulting, 801 Jones Franklin Road, Suite 300, Raleigh, NC 27606 Filename: 081028PerryCreekRoad Widen ing(Wake)40I _N BR