20081362 Ver 1_Approval Letter_20080926

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September 26, 2008
Wake County
DWQ Project No 20081362
Fayetteville Street, Penmarc Drive
and Summit Ave Project
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with
ADDITIONAL CONDITIONS
Carl R Dawson, Jr
City of Raleigh - Public Works Department
PO Box 590
Raleigh, NC 27602
Dear Mr Dawson
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
proposed Fayetteville Street, Penmarc Drive and Summit Ave improvements in Wake County
Wetland Impacts in the Neuse River Basin
Site Permanent Fill ac Total Wetland Impact ac
W1 0 12 0 12
Total 0 12 0 12
Total Wetland Impact for Project 0 12 acres.
Neuse Riparian Buffer Impacts
Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required
' (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3 1 ratio) (sq ft) wetlands) 15 1 ratio)
} s ft
B l 0 0 0 0 = 209 0 209 313
B2 0 0 0 0 447 0 447 670
B3 2105 0 2105 N/A 1355 0 1355 N/A
Totals 2105 0 2105 0 3 2011 0 2011 983
* n/a = Total for Road Crossing site is less than 1 /3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project- 4,116 square feet
The project shall be constructed in accordance with your application dated received September 5 2008 and
additional information received September 19, 2008 After reviewing your application, we have decided that these
impacts are covered by General Water Quality Certification Number 3704 This certification corresponds to the
Nationwide Permit 14 issued by the Corps of Engineers This approval is also valid for the Neuse Riparian Buffer
Rules (15A NCAC 2B 0233) In addition, you should acquire any other federal, state or local perrmts before you
proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water
Supply Watershed regulations This approval will expire with the accompanying 404 permit
one
No
rthCarohna
Transportation Permitting Unit d vuturallIf
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
Michael F Easley, Governor
William G Ross Jr , Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
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Micnaei r r-awry,
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
This approval is valid solely for the purpose and design described in your application (unless modified below)
Should your project change, you must notify the DWQ and submit a new application If the property is sold, the ereby
for
responsib
com new owner must be given a copy this s fills for this project (now or in the future?ex eed one acrel or of to aplying
with all the conditions If total wetland tory
may
tion
uir impacts to streams (now or in the future) exceed 15Fo this approval t, reamain val dayou mu t adhere to ether
described in 15A NCAC 2H 0506 (h) O and (7)
conditions listed in the attached certification as well as those listed below
Conditions of Certification
ystemeEbancemen P ograma (EEP)sen
1 Mitigation for 656 square feet 2Neuse Buf impacts is e of the North Carolina E osrequired
to perform compensatory mitigation through use
This has been determined by the DWQ to be a suitable method to meet the mitigation requirement In accordance our compensatory
requ
ements with 15A NCAC 0242, this cocontribution ntact EEP to iconfiirm the app opr ate amount otpay for this mitigationr No
NCAC 2B 0233(9)(C)
appr Pl leas clears I the NC EEP receives and impacts from this s approval ogam Off ce), and a copy of your rece pt isforwarded to he DWQ Transportation cur unti
Ecosystem Enhancement Program
Permittmg Unit
2 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification ring activities shall be restored to the
3 All riparian buffers impacted by the d placement
ta Maintained buffers hall be permanently revegetated with non-woody
preconstruction contours s and and revegeat purpose
condition species by the end growing season
defined as areas w thin the ansportt on corridor thatowill be s bI ct to tregular DOT
maintained buffer areas are defi
complet on shaconstrucll be enently revegetated,
xt The area with _
maintenance activities including mowing
with native woody species before the next season following be placed in Zone 1 of any
b erosion control devices
4 Pursuant NCACISA 2B 0233(6), sediment and
time, the NCDWQIhas approved no sediment and
Neuse Buffer r without prior approval by the
erosion control devices in Zone 1, control devices shall the approved project impacts, anywhere on this project
allowed in Zone 2 o the buffers provided that Zone 1 is noteover,
sediment and erosion
compromised and that discharge is released as diffuse flow
1 work area shall be maintained to prevent direct contact between cure
concr 5 If concrete is used during construction, a dry curing concrete and stream water for Water t that
in inadvertently contacts and possible aquatic 1 fe and fish krels shall not be discharged to
surface waters due to the potential p
6 During the construction of the project, no staging of equipment of any kind is permitted in waters of the U , or
r protected riparian buffers
attern and rofile of the stream above and below the crossing shall not be modified Disturbed
7 The dimension, p p
floodplains and streams shall be restored to natural geomorphic conditions
8 The use of np-rap above the Normal High Water Mark shall be nummized Any np-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage
9 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
_ ' Carohna
17tUrll?r'l?
Transportation Permitting Unit Jvl1
1650 Mad Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] FAX [phone] Internet httllh2o enr state nc us/ncvvetlands
An Equal Opportunity/Affirmative Acton Employer - 50% Recycled110% Post Consumer Paper
Micnaei r tasiey, uluvtn1 iu,
W ATF9QG William G Ross al , Secretary
North Carolina Department of Environment and Natural Resources
r Coleen Sullins, Director
Division of Water Quality
10 All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures from
the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water
11 Heavy equipment shall be operated from the banks rather than in the stream channel in order to nummize
sedimentation and reduce the introduction of other pollutants into the stream
12 All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials
13 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification
14 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
15 The perrruttee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and
any other appropriate requirements of State and Federal law If DWQ determines that such standards or laws are not
being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated,
or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification
16 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise
authorized by this certification
17 A copy of this Water Quality Certification shall be maintained on site at the construction site at all tunes In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the the
on-site project manager
18 The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification
19 The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (1 a local, state, and federal) having
junsdiction, including but not hnuted to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc
20 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
21 Upon completion of the project (including any impacts at associated borrow or waste site), the applicant shall
complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the
401 Certification has been completed
22 Native woody riparian vegetation (1 e , trees and shrubs native to your geographic region) must be reestablished
within the construction limits of the project by the end of the growing season following completion of construction
23 There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification Should waste or borrow sites, or access roads to waste or borrow sites, be
located in wetlands or streams, compensatory mitigation will be required since that is a direct unpact from road
construction activities Noe Carohna Naturiali'm
Transportation Permitting Unit
1650 Mad Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] FAX [phone] / Internet http l/h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Michael F Easley, Governut
William G Ross Jr , Secretary
F w ATP North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
O= QG Division of Water Quality
> -I
Nance with all specifications governing
practices must be in full comp Management Practices in
the 24e proper Erosion d and esign, sedInstaiment llation control eration and maintenance of such Best and op
order to protect surface waters standards must be designed, installed, operated, and
a The erosion and sediment control measures for the project
maintained in accordance with the most recent version of the North Carolina Sediment and ur ion
Control Planning and Design Manual
installation, operation, and maintenau Iementsespecified in the most recent vers on of the
b The design, ual, or exceed, the req
must be such that they eq o ing contractor-owned or leased
Sediment and Erosion Control Ma ilal r jheectsd, evices including be maintained on a
projects,
North Carolina and waste pile (spoil)
construction sites, borrow sites, n w designed, operated,
borrow pits associated with the project installed, t sites, the erosion and sediment control measures
of the North Carolina Surface Mining
c For borrow pi
and maintained in accordance with the most rece t version rdance
l with the reclamation in acco with
Manual lementation must comp y
d The reclamation measures and imp
the requirements of the Sedimentation Pollution Control Act
25 measures shall not be placed in wetlands or waters unless otherwise approved by
Sediment and erosion control this Certification
udicatory hearing You must
if you do not accept any of the conditions of this certification, you may ask for an asendd]a written petition that conforms
Mall Service
s of the date that you receive this letter To ask for a hearing, you
ask for a
act within 60 day unless y of Admimstrativ
Water
pB of the North Carolina General Stan its co ditiOons are final and binding 40rs of sthe 6714 Clean
hearing to Chapter 15 under Section
Center, Raleigh, N C 27699 This certification a
v of the Division of Water Quality
This letter completes the revie?
Act se contact Rob Ridings at (919733 9817
If you have any questions, plea
Sincerely,
Coleen Sullins,
Director
' lerion form)
Attachments (General Certification and Certificate of Comp
US Army Corps of Engineers, Raleigh Field office
cc Eric Alsmeyer, ssion
i Wilson,NC Wildlife Resources Comrm
Travis Harmon, Ecosystem Enhancement Program
Beth H
Jeff Harbour, Environmental Services, Inc
File Copy
Transportation Permitting Unit
1650 Mad Service-enter, Raleigh, North Carolina 27699 1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] /FAX [phone] Internet htt llh2° enr state 500/ Red ed110°/aPost Consumer Paper
An Fniia1 nooortundylAffirmative Action Employer