20140325 Ver 3_Approval Letter_20180502

Water Resources
ENVIRONMENTAL QUALITY
May 2, 2018
Public Utilities Dept.:
Attn: Edward Stempien
One Exchange Plaza
Raleigh, NC 27601.
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Interim Director
DWR #14.-0325 v3
. Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 0213 .0233) WITH ADDITIONAL CONDITIONS
Lower Walnut Creek Interceptor
Dear Mr. Stempien:
You have.our approval for the impacts listed below'for the purpose described in your
application received by the Division' of Water Resources' (Division) on March 13, 2018 with
payment received on March 14, 2018., These impacts are covered by the attached Water
Quality General Certification Number 4133 and the conditions listed below. This certification is
associated with the,use of Nationwide Permit Number -12 once it is issued to you by,the U.S.
Army Corps of Engineers.' Please note that you should get any other federal, state or local
permits before proceeding with your project, including those required by {but not limited to)
Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This
401 Water Quality Certification and Authorization Certificate for DWR 14-0325 v3 replaces
the 401 Water Quality Certification and Authorization Certificate for 14=0325 v2 dated
December 8, 2016.
This approval requires you to follow thezonditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general. conditions of the Certification and*Buffer Rulesare met. No other impacts are
approved, including incidental impacts. [15A NCAC 0213.0506(b)(c) and 15A NCAC 02B
.0233(8)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portAl.ncdenr.brg/web/wq/aps
1628 Mail Service Center,; Raleigh, NC'27699-1628 Phone: [phone]
Location: 3800 Barrett.Drive, Raleigh, NC 27609 Fax: [phone]

Lower Walnut Creek Interceptor'
DWR #14-0325 0
401 AND BUFFER APPROVAL.
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0 (acres)
0.01 (acres)
Total Impacts
Stream
0 (linear feet) , :
432 (linear feet)
Total Impacts
Buffers= Zone 1
156.25,(square,feet)
8,101.54 (square feet)
Total Impacts
;
Buffers —Zone 2
45.04,(square;feet)
4,759.75 (square feet) .
Total Impacts
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 irithe Pre -Construction Notification. All
construction activities, including the design i:installation, operation, and maintenance of
sediment and erosion control Best Mahagemen''t? Practices, shall be performed so'that no
violations of state water quality standards ;statutes, or rules occur. [15A NCAC 02H .0501
and .0502]
3. Protective Fencing
The outside buffer, wetland or water boun'dary!and along the construction corridor within
these boundaries approved under this aut'ho.rization shall be clearly marked with orange
I' ; io
warning fencing (or similar high visibility material) for the areas that have been. approved to
infringe within the buffer, wetland or wate,rprior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A ACAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
4. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by'reference as part of the'Certification and
Buffer Authorization. If you change your project, you must notify the Division and you may
-'`;,b xequired to submit anew application package with the appropriate fee. If.the property is
sold, the new owner must be given a copy of this approval letter and General Certification
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
5.. This approval and -its conditions are final and binding unless contested. [G.S.. 143-215.51,
This Certification and Buffer Authorizatiorrcan'be contested as provided in Articles 3 and 4 of

Lower Walnut Creek Interceptor
DWR #14-0325 v3
401 AND BUFFER APPROVAL
Page 3 of 4
General Statute 1506 by filing a written petitiod for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form maybe obtained from the
OAH at http://wwvv.ncoah.com/ or'by calling the OAH Clerk's Office at [phone] for
information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed;with the
OAH. A petition is considered filed when,the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday'throu,gh
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431=3100, provided the original and one copy of
the petition along,with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by.First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending.by First Class Mail
via the US Postal Service:
Karen Higgins,
NC DWR - 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh -,-.N(27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604

Lower Walnut Creek Interceptor
DWR #14-0325 v3
401 AND BUFFER APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Stephanie
Goss at 919-791-4256 or stephanie.goss@ncdenr.&ov if you have any questions or concerns.
Sincerely,
4Wff&(
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4133
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr
Ste. 105; Wake Forest, NC 27597
Elias Ruhl via e-mail at [e-mail]
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit