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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