20081498 Ver 1_401 Application_20080908

HAZEN AND SAWYER
Environmental Engineers & Scientists
Ms. Cyndi Karoly
NC Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear Ms. Karoly:
08-1 40°8
September 17, 2008
Hazen and Sawyer, P.C.
4011 WestChase Blvd.
Suite 500
Raleigh, NC 27607
[phone]
[phone] (Fax)
DO
SEP 2 9 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Re: City of Raleigh, North Carolina
Neuse River WWTP Denitrification Filter
Addition and Off-Site Reuse Pump Station
Pre-Construction Notification-Buffer Rule Only
H&S Job No.: 30584
On behalf of the City of Raleigh, Hazen and Sawyer, P.C. is hereby applying for a 401 Water
Quality Certification approval for buffer rules only. Per the Neuse River Buffer Rules (15A NCAC
213 .0233), this does not require a fee.
NC DENR requested a level spreader at the outfall of the storm drain system for the Neuse
River WWTP Denitrification Filter Addition. Included in the level spreader design is a bypass
channel from the flow splitter box as shown on the attached drawings. The bypass channel
does not impact any wetlands or open waters as shown on the attached drawings. The level
spreader design and Erosion and Sediment Control Application was approved in a letter dated
May 7, 2008 and is attached to this letter for your reference.
A wetland survey and buffer delineation was prepared by EcoScience Corporation and is
attached to this letter and is also shown on the drawings.
Please find five (5) copies of the following, enclosed in this submittal:
• Signed Pre-Construction Notification
• Neuse River Denitrification Filter Buffer and Wetland Delineation
• Level Spreader Plan and Detail Contract Drawing
• Vicinity Map
• USGS Quadrangle Map
• NRCS Soil Survey
• EcoScience Corp. Wetland Determination
• Approved Erosion and Sedimentation Control Plan
Please provide a written approval for the disturbance to the Neuse River Buffer to install the flow
bypass channel at your earliest convenience.
New York, NY - Philadelphia, PA - Raleigh, NC - Charlotte, NC - Greensboro, NC - Charleston, SC - Atlanta, GA - Fairfax, VA • Hampton Roads, VA - Baltimore, MD - Cincinnati, OH - Hollywood, FL - Boca Raton, FL - Miami, FL
HAZEN AND SAWYER
Feel free to contact me with any questions at 919-863-1002.
Sincerely,
HAZEN AND SAWYER, P.C.

Aaron D. Babson, El
Assistant Engineer
Office Use Only: Form Version March 08
USACE Action ID No. DWQ No. 0 8 1 4 9 8
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1.
II.
Processing
Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide or Riparian
Buffer Authorization (NWP 43)
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
R '?? GOWr§ p
Owner/Applicant Information
Name: City ofRaleigh c%Aaron B. Brower, P.E. SEP 2 9 2008
Mailing Address: PO Box 590
One Exchange Plaza wULME)SANDSTORMWATER
Raleigh, NC 27602
Applicant Information
Telephone Number: [phone] Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Neuse River WWTP-Denitrification Filter Addition and Offsite Reuse PS
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 1751047213
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Raleigh, 1-40 East to Rock
Quarry Road; Turn Left on Battle Bridge Road, Continue on Battle Bridge Road to Entrance
ofPlant
5. Site coordinates (Lat/Long or decimal degrees): 35'43'03"N 78'29'00"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Deed Acres =1463 Acres; Disturbed Area= 12.5 Acres
7. Name of nearest receiving body of water: Neuse River
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing land us is a Waste Water Treatment Plant for the
Cio? ofRaleigh. The parcel is bordered to the North and East by the Neuse River.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Upgrade
of the Neuse River Waste Water Treatment Plant. Typical Construction equipment will be
used. However, a small backhoe or excavator will be used in the floodplain to construct the
bypass channel to minimize disturbance.
11. Explain the purpose of the proposed work: Overall Purpose: To expand and upgrade the
WWTP. Buffer disturbance purpose: To construct the level spreader bypass channel.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. None exist to the knowledge of Hazen and Sawyer
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: No Wetlands are disturbed
in this activity. Only buffer authorization is required
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
NONE

Total Wetland Impact (acres) NONE
3. List the total acreage (estimated) of all existing wetlands on the property: n/a
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage. multiDly leneth X width. then divide by 43.560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet Area of
Impact
(acres)
NONE

Total Stream Impact (by length and acreage) NONE
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dredging. flooding- drainage- bulkhead-,_ etc_
Open Water Impact
Site Number
(indicate on ma
map) Name of Waterbody

(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean etc.
) Area of
Impact

(acres)
NONE

Total Open Water Impact (acres) NONE
Page 8 of 12
6. List t
he cumulative impact to all Waters of the U.S. resulting from the project
Stream Impact (acres): NONE
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NONE
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. N/A
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stn-ngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation should not be required due to minimal disturbance and nature of work which
is the installation of the level spreader bypass channel.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wfp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
I Required
Zone* Impact Multiplier
1 I 285 13 (2 for Catawba) I 0
2 I 126 1.5 0
Total I 411 I I 0
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. No Mitization Required per 15A 2B. 0233
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Approximately 100 acres of Impervious area
on a 1450 Acres Parcel (approx. 7%). Proposed Development of approximately 3 acres totaling
the percent impervious of 7.1 %.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
All wastewater ,Zenerated will be handled onsite at the WWTP.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: At this
time no other developments are expected in the buffers of the Neuse River or surrounding
wetland areas.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
While the impacts to the buffer have not vet began construction at the site has Please respond
at your earliest convenience to avoid any delays.
Page 12 of 12
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Ec(.6cience
May 20, 2008
Mr. Michael Santowasso
Hazen & Sawyer
4011 WestChase Boulevard
Raleigh, NC 27607
Re: Neuse River Waste Water Treatment Plant Delineation, Raleigh, Wake County 08-396
Dear Mike,
Please find attached the verification letter from NC Division of Water quality for your
records.
Sincerely,
Ux
David O'Loughlin
EcoScience Corporation
Attachments
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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
May 9, 2008
EcoScience a Division of PBS&J
Attn: David O'Loughlin
1101 Haynes Street, Suite 101
Raleigh, NC 27604
BASIN:
Neuse River Buffer Determination X
MAY 13 2098
Tar-Pamlico Buffer Determination
NBRRO#08-100
IPRRO#08-029
Wake County
(15A NCAC 2B .0233) (15A NCAC 2B .0259)
Project Name: Neuse River Waste Water Treatment Plant
Location/Directions: located at the end of Battle Bridge Road
Subject Stream: UT to Neuse River
Date of Determination: 4/17/08
Feature(s) Not
Subject Subject Start @ Stop@ Stream
Form Pts. Soil
Survey USGS
Topo Intermittent/
Perennial
A X throughout X Intermittent
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water
exists and that it is subject to the buffer rule may request a determination by the Director. A request for a
determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly , DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination
by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for
an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant
conduct this notification in order to be certain that third party appeals are made in a timely manner. 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
determination is final and binding unless you ask for a hearing within 60 days.
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarolina
,Naturally
5/9/08
Page 2 of 2
The owner/future owners should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries
should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully, 4!57
Lauren C. Witherspoon
Environmental Senior Specialist
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy
Central Files
N ne affiCarolina
tira!!y
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Internet h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628
Phone [phone] Customer Service
FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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State of North Carolina IT Department of Environment .
A&4
and Natural Resources
r
Raleigh Regional Office
Michael F. Easley, Governor NCDENi!
William G. (Bill) ROSS, Secrets NORTH CAROLINA DEPARTMENT OF
+ ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES RECEIVED
LETTER OF APPROVAL MAY 2 3 2008
May 7, 2008
HAZEN & SAWYER, PC
RALEIGH, NC
City of Raleigh
PO Box 590
Raleigh, NC 27602
ATTN: Russell Allen
RE: Project Name: Neuse River WWTP - Denitrification
Filter Addition and Off-site Reuse Pump Station
County: Wake
Submitted by: Hazen and Sawyer
Date Received: 2/6/08; 4/24/08; 5R108
Date Processing Initiated: 4/24/08
Watershed: Neuse #1 /03-04-02
New Submittal (X) Revised ( )
Dear Mr. Allen:
This office has reviewed the subject Erosion and Sedimentation Control Plan. We find
the plan to be acceptable and hereby issue this letter of approval. If any modifications,
performance reservations, or recommendations are applicable, a list is enclosed and is
incorporated as a part of this letter of approval. The enclosed Certificate of Approval should be
posted at the job site. In addition, it should be noted that this plan approval shall expire three (3)
years following the date of approval, if no land-disturbing activity has been undertaken, in
accordance with Title 15A, North Carolina Administrative Code (NCAC) 413.0029.
If any modifications are not incorporated into the plan and implemented in the field, the
site will be in violation of the Sedimentation Pollution Control Act of 1973 (North Carolina
General Statute (NCGS), 113A-61.1).
15A NCAC 413.001 8(a) requires that a copy of the approved plan be on file at the job site.
Also, this letter gives the notice required by NCGS 113A-61.1(a) concerning our right to perform
periodic inspections to ensure compliance with the approved plan.
North Carolina's sedimentation pollution control program is performance oriented,
requiring protection of the natural resources and adjoining properties. If at any time during this
project it is determined that the Erosion and Sedimentation Control Plan is inadequate to meet
the requirements of the Sedimentation Pollution Control Act of 1973 (NCGS 113A-51 through
66), this office may require revisions in the plan and its implementation to ensure compliance
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with
applicable federal and state water quality laws, regulations and rules. This could include the
Division of Water Quality under stormwater or other specific water quality standards, and the
U.S. Army Corps of Engineers under Article 404 jurisdiction. Our approval does not supersede
any other required permit or approval.
Since this project disturbs one or more acres, one such approval relates to the
stormwater that will discharge from your project. This runoff is permitted pursuant to the
National Pollutant Discharge Elimination System (NPDES) administered in North Carolina by the
Division of Water Quality (DWQ). Attached is the General Stormwater NPDES Permit,
NCG010000, as revised October 1, 2001, covering your activity. You are responsible for
complying with the General Permit requirements and are subject to enforcement by DWQ for
any violations of the General Permit.
Due to the location of this project, it should be noted that a rule to protect and maintain
existing buffers along watercourses in the Neuse River Basin became effective on July 22, 1997
The Neuse River Riparian Area Protection and Maintenance Rule (15A NCAC 2B .0233) applies
to all perennial and intermittent streams, lakes, ponds and estuaries in the Neuse River Basin
with existing vegetation on the adjacent land or "riparian area". In riparian areas with existing
vegetation in the first 30 feet directly adjacent to the stream, the rule prohibits land disturbance
or new development within the first 30 feet of land next to the water (the remaining 20 feet of the
total buffer must be revegetated upon completion of any proposed land-disturbing activity). In
riparian areas with existing vegetation that is less than 30 feet wide, the rule prohibits land
disturbance or new development within the area that contains the existing vegetation (but not the
entire 50 foot riparian area). For more information about this riparian area rule, please contact
the Division of Water Quality's Wetland/401 Unit at 919-733-1786, or a Division of Water Quality
representative at this regional office.
Please note that this approval is based in part on the accuracy of the information
provided concerning financial responsibility. You are requested to file an amended Financial
Responsibility Form if any changes become necessary. In addition, it would be helpful if you
would notify this office when the proposed land-disturbing activity covered by this plan is
initiated.
Your cooperation is appreciated and we look forward to working with you on this project.
If there are any questions, please do not hesitate to contact this office.
Sincerely,
AyrF''4?
K ryn Pageau, EIT, CPESC
Assistant Regional Engineer
Land Quality Section
KWP:clm
cc: Mr. Aaron Babson, El, Hazen and Sawyer
Mr. Danny Smith, Supervisor DWQ-SWP, RRO