20070113 Ver 2_Approval Letter_20090511

MA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 11, 2009
DWQ Project # 07-0113, Ver. 2
Wake County
Mr. Ron Horton, Construction Projects Administrator
City of Raleigh
P.O. Box 590
Raleigh, NC 27602-0590
Subject Property: Southeast Beaverdam Creek Interceptor Rehabilitation/Replacement Project
SE Beaverdam Creek [030402, 27-33-15-2, 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
Dear Mr. Horton:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 65 linear feet of perennial stream, 40 linear feet of intermittent stream, and
11,259 square feet of Zone 1 Neuse River basin protected riparian buffer, and 12,597 square feet of Zone
2 Neuse River basin protected riparian buffer, as described in your application dated August 22, 2008,
and received by the Division of Water Quality (DWQ) on October 13, 2008, with additional information
received from you on November 5, 2008, December 15, 2008, December 18, 2008, and May 1, 2009, to
rehabilitate or replace the existing sewer interceptor at the site. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3699 (GC3699).
The Certification(s) allows you to use Nationwide Permit(s) NW 12 when issued by the US Army Corps
of Engineers (USACE). 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 Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetiands/
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An Equal Opportunity 1 Affirmative Action Employer
City of Raleigh
Page 2 of 4
May 11, 2009
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:
Type of Impact Amount Approved Units Plan Location or Reference
Stream - perennial 65 (linear feet) PCN page 8 of 12
Stream - intermittent 40 (linear feet) PCN page 8 of 12
Buffers Zone 1 11,259 (square ft.) PCN page 11 of 12
Buffers Zone 2 12,597 (square ft.) PCN page 11 of 12
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 without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
5. Diffuse Flow
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B .0233 (5)
If diffuse flow as per 15A NCAC 02B .0233(5) is not achieved, then the DWQ shall be notified
and corrective actions to restore diffuse flow shall be taken if necessary to impede the formation
City of Raleigh
Page 3 of 4
May 11, 2009
of erosion gullies. At no time shall stormwater from the proposed development be piped directly
through the buffer without prior DWQ written authorization.
The structural stormwater (diffuse flow) practices as well as drainage patterns must be maintained
in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality. Stormwater easements shall be recorded for a
distance of at least 10 feet on each side of all stormwater conveyances on all lots containing these
structures including future access for maintenance. The stormwater easements shall allow for the
ability to maintain the structures, perform corrective actions as described above and shall provide
protection of the structures from potential alternations by future property owners.
6. 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;
Miti ag tion:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands 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. 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 a
restoration fund. You have 60 calendar days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into
the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Bufffers Zone 1 33,777 (square feet) Neuse/03020201
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 Oversight/Express Review Permitting 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
City of Raleigh
Page 4 of 4
May 11, 2009
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.
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 213 .0233 If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Si ely,
Coleen H. Sullins
CHS/gym
Enclosures: GC 3699
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
K. Marie Doklovic, Stearns & Wheler, PLLC, 3128 Highwoods Boulevard, Suite 140, Raleigh,
NC 27604
Filename: 070113 Ver2SoutheastBeaverdamCreeklnterceptorRehabilitationReplacementProject(Wake)401 _NBR
A
NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 2H.0500, Mr. Ron Horton and the City of Raleigh have permission to fill or
otherwise impact 65 linear feet of perennial stream, 40 linear feet of intermittent stream, and 11,259 square feet of
Zone 1 Neuse River basin protected riparian buffer, and 12,597 square feet of Zone 2 Neuse River basin protected
riparian buffer, to rehabilitate or replace the existing sewer interceptor at the site, which is located north of Wade
Avenue between Dixie Trail and Oberlin Road, in Raleigh, Wake County, North Carolina. All activities associated
with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter.
THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME Southeast Beaverdam Creek Interceptor Rehabilitation and Replacement
DWQ PROJECT 20070113, Ver.2
LOCATION: Raleigh
COUNTY Wake
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers 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 Mitigation
11,259 Square Feet of Zone 1 Buffers 33,777 Square Feet of Zone 1 Buffers
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 the form 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 NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 070113 Ver2SoutheastBeaverdamCreeklnterceptorRehabilitationReplacementProject(Wake)401_NBR_EEP
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
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An Equal Opportunity 1 Affirmative Action Employer