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HomeMy WebLinkAbout20180581 Ver 1_Revised Approval_20190222NORTH CAROLINA ROY COOPER Enwronmental Quality COVtMW MICHAEL S. REGAN Seoetary LINDA CULPEPPER Interim Director February 22, 2019 City of Raleigh Public Utilities Department Attn: Mr. Ruffin Hall 222 West Hargett Street Raleigh, NC 27601 DWR # 18-0581 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION AND AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES WITH ADDITIONAL CONDITIONS—ADDENDUM South Saunders Street Sewer Replacement. Dear Mr. Hall: On July 24, 2018 a 401 Water Quality Certification was issued for stream, wetland and buffer impacts associated with the above referenced project. On February 20, 2019, the Division of Water Resources (Division) received a modification request from your consultant, Dewberry Engineers Inc. to change the Mitigation provider for the impacts from Resource Environmental Solutions, LLC to the Division of Mitigation Services (DMS). The Division is in receipt of the acceptance letter from DMS dated February 8, 2019 outlining their wiliness to accept payment for the required mitigation. No changes to the site plan or pervious authorization were proposed. By copy of this letter, your Water Quality Certification is hereby amended to allow for this change in mitigation providers. Condition #2 of the Certification (DWR#2018-0581) is amended thusly: 2. Mitigation must be provided for the proposed impacts as specified below. The Division has received a statement of availability from the Division of Mitigation Services (DMS) to meet this mitigation requirement. Until DMS receives and clears your payment and a Mitigation Credit Transfer Certificate is provided to the Division, no impacts specified in 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 Sewer Replacement Addendum DWR Project #2018-0581 Page 2 of 2 this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to DMS to meet the following 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 All other conditions in the July 24, 2018 401 Water Quality Certification remain unchanged and are in effect. This completes the review of the Division under section 401 of the Clean Water Act, 15A NCAC 02H .0500 and the Neuse River Riparian Buffer Rules 15A NCAC 02B .0233. Contact Paul Wojoski at 919-707-3631 or Paul.Wojoski@ncdenr.gov if you have any questions or concerns. Sincerely, N-\� e Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc: Elizabeth Steffens, Dewberry Engineers Inc Janeen Goodwin, City of Raleigh DWR 401 & Buffer Permitting Branch file Filename: 180581SouthSaundersStreetSewerReplacement(W ake)_Addendum Dewberry February 20, 2019 Mr. Paul Wcjoski 401 and Buffer Permitting Unit NC Division of Water Resources 512 North Salisbury Street, Suite 942-F Raleigh, NC 27604 Dewberry Engineers Inc. 919.881.9939 2610 Wycliff Road, Suite 410 919.881.9923 fax Raleigh, NC 27607 1 www.dewberry.com Reference: City of Raleigh South Saunders Street Sewer Replacement DWR #18-0581 Wake County Dewberry Project No. 50093676 Dear Mr. Wcjoski: The City of Raleigh would like to purchase their mitigation credits from Division of Mitigation Services (DMS) rather than the mitigation bank listing (Resource Environmental Solutions, LLC) in the approval letter for the above referenced project. The DMS Letter of Acceptance has been uploaded to the online portal. The City of Raleigh is requesting the approval letter be revised to reflect payment to DMS. Please contact me with any questions regarding this revision, at 984-232-6795 or esteffens@dewberry.com. Sincerely, Dewberry Engineers Inc. Elizabeth B. Steffens, P.E. Project Engineer Enclosures CC: Janeen Goodwin, P.E., City of Raleigh Public Utilities Department Paee I of I ROY COOPER Cmvernna- MICHAELS.REGAN Seary TIM BAUMGARTNER Dbe r Janeen Goodwin City of Raleigh PO Box 590 Raleigh, NC 27602 I@ NORTH CAROLINA Bnvl -W-r rar Qya1ty February 8, 2019 Expiration of Acceptance: 8/8/2019 Project: South Saunders Street Sewer Replacement County: Wake The purpose of this letter is to notify you that the NCDEO Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin I Impact Location Impact Type Impact Quantity (8di itHU I- Neuse 03020201 __ _ Riparian Buff_er 12,930 Neuse 03020201 -- L. Riparian Wetland 0.10 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B.0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Beth Steffens, agent Sincerely, Ja s. Stanfill Asset anagement Supervisor a � � North Ca Ii w DrpartnwM of Elwirorurxntal Quality I Dvisionof MhIgation Servi 217WJones Shed 11652MaIIServzr Crrrcrr I Rale1gt4North Carollna27699-1652 919.707897b