HomeMy WebLinkAbout20180581 Ver 1_401 and Buffer Approval_201807241`40R7H CARO'JNA
ROY COOPER Environmental Quality
Governor
MICHAEL S. REGAN
Srnrtary
LINDA CULPEPPER
Interim Dirrviar
July 24, 2018
City of Raleigh
ATTN: Public Utilities Department
Mr. Ruffin Hall
222 West Hargett Street
Raleigh, NC 27601
DWR # 18-0581
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION AND NEUSE RIPARIAN
BUFFER AUTHORIZATION WITH ADDITIONAL CONDITIONS
South Saunders Street Sewer Replacement
Dear Mr. Hall:
You have our approval for the impacts listed below for the purpose described in your application
dated April 16, 2018, received by the Division of Water Resources (Division) on April 25, 2018
with additional information received on July 13, 2018. These impacts are covered by the Water
Quality General Certification Numbers 4133 and 4134, attached, the Neuse Riparian Buffer Rules,
and the additional conditions listed below. This certification is associated with the use of
Nationwide Permits 12 and 13 once they are 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 approval requires you to follow the conditions listed in the enclosed certification, the general
permit and the following additional conditions:
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
South Saunders Street Sewer Replacement
DWR# 18-0581
401 and Buffer Approval
Page 2 of 4
1. The following impacts are hereby approved provided that all the other specific
conditions, the general conditions of the Certification, and the Neuse Riparian
Buffer Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)] and 15A NCAC 02B.0233(8)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Wetland
Temporary Zone 1
Permanent Zone 1
Clearing — Bottomiand
Hardwood Forest
0.10 (acres)
0(acres)
Stream
Impact Amount
Impact Amount
Stabilization
53 (linear feet)
0 (linear feet)
Construction Access
0 (linear feet)
245 (linear feet)
Buffers Impacts
Site ID
Temporary Zone 2
Permanent Zone 2
Temporary Zone 1
Permanent Zone 1
Required
(Sheet
Impact Amount
Impact Amount
Impact Amount
Impact Amount
Mitigation
#)
(units)
(units)
(units)
(units)
(units)
[construction
[maintenance
[construction
[maintenance
corridor]
corridor]
corridor]
corridor]
C2.1
500 (square feet)
4,200 (square feet)
450 (square feet)
0 (square feet)
0 (square
feet)
C2.2
0 (square feet)
990 (square feet)
0 (square feet)
900 (square feet)
900 (square
feet)
C2.3
5,475 (square
5,200 (square feet)
6,100 (square
3,700 (square feet)
3,700 (square
feet)
feet)
feet)
C2.4
6,400 (square
3,700 (square feet)
0 (square feet)
0 (square feet)
0 (square
feet)
feet)
C2.5
1,260 (square
2,915 (square feet)
1,360 (square
2,800 (square feet)
2,800 (square
feet)
feet)
feet)
C2.6
350 (square feet)
4,330 (square feet)
1,500 (square
4,330 (square feet)
4,330 (square
feet)
feet)
C2.8
3,230 (square
550 (square feet)
3,650 (square
1,200 (square feet)
1,200 (square
feet)
feet)
feet)
TOTAL
17,215 (square
21,885 (square
18,210 (square
12,930 (square
12,930
feet)
feet)
feet)
feet)
(square feet)
Multiplier
X3
Total Mitigation
38,700
(square feet)
South Saunders Street Sewer Replacement
DWR# 18-0581
401 and Buffer Approval
Page 3 of 4
2. Mitigation must be provided for the proposed impacts as specified below. The
Division has received a statement of availability from Resource Environmental
Solutions, LLC (RES) to meet this mitigation requirement. Until RES receives and
clears your payment and a Mitigation Credit Transfer Certificate is provided to the
Division, no impacts specified in this Authorization Certificated shall occur For
accounting purposes, this Authorization Certificate authorizes payment to RES to
meet the following compensatory mitigation requirement [15A NCAC 02H .0506
(b)(6)]:
Type of Impact
Compensatory Mitigation
Required (units)
River and Sub -basin Number
Buffers
38,700 (square feet)
Neuse 03020201
3. The Permittee shall replant the vegetation within temporarily disturbed areas
associated with this project in an "in kind" manner immediately following
construction. (Example: Disturbed areas with pre-existing grassed lawns must be
replanted with native seed mix grasses. Disturbed areas with pre-existing forest
vegetation must be replanted with trees and woody vegetation including at least
two different native hardwood tree species at a density sufficient to provide 260
trees per acre at maturity. This density can usually be achieved by planting
approximately 436 (10x10 spacing) to 681 (8x8 spacing) trees per acre.)
Restoration of trees/shrubs/forest must be completed by the first subsequent
planting season (November 1 through March 30). Note, if the tree plantings do
not survive, they will need to be replaced such that the density is sufficient to
provide at 260 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H
.0506 (b)(3), and 15A NCAC 02H .0233 (6)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification/Buffer Authorization can be contested as provided in General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information. 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 through Friday between 8:OOam and S:OOpm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
South Saunders Street Sewer Replacement
D W R# 18-0581
401 and Buffer Approval
Page 4 of 4
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:
lfsending via US Postal Service: if sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, INC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and the
Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact Paul
Wojoski at Paul.Woioski@ncdenr.gov if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4133, GC 4134
cc: Elizabeth Steffens, Dewberry Engineers Inc
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
File Name: 180581SouthSaundersStreet5ewerReplacementlWake)_401_GC_NRB