20190630 Ver 1_Approval Letter_20190626

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
June 26, 2019
City of Raleigh
Public Utilities Department
Attn: Matthew Vessie
One Exchange Plaza, Suite 620
Raleigh, NC 27601
NORTH CAROLINA
Environmental Quality
DWR #19-0630
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 02B.0233) WITH ADDITIONAL CONDITIONS
Rembert Drive Aerial Sewer Repair
Dear Mr.. Vessie:
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 May 10, 2019 with
payment received -on May 14, 2019 with additional. information received on June 6, 2016.
These impacts are covered by the attached Water Quality General Certification Number 4135
and the conditions listed below. This certification is associated with the use of Nationwide
Permit Number 14 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 approval requires you to follow the conditions 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 Rules are met. No other impacts are
approved; including incidental impacts. [15A NCAC 02B .0506(b)(c)] and15A NCAC
02B.0233(8)]
North Carulitw t)e a.al tinet!t of l.nvirCSmnerttal Quahty 1 Division of V%,Atvr Resources
9.;
" Raleigh Regional Office. 1 :3800 Barrett Drive I Raleigh. North Carolina 17609
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t7epw�trenf ai t•1rvtro;nrnnu R:.ai:� 919.71)1.4 200

Rembert Drive Aerial Sewer Repair
DWR #19-0630
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1: Bank Stabilization for Aerial
.Sewer Repair
110 (square feet)
0 (square feet)
Buffers - Zone 1
B1: Aerial Sewer Repair
0 (square feet)
11,262 (square feet)
w
21 The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .02001 including
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B..02001. Information shall be provided orally within 24 hours (or the
i
next business day if a weekend or holiday) -from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall .
contain a description of the noncompliance, and its causes; the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
I anticipated time compliance is expected to, continue; and steps taken or planned to reduce,
eliminate; and prevent reoccurrence of the rn,oncorripliance. The Division may waive the
written submission requirement on a case-by-case basis.
3: 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 to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 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 partof the Certification and
Buffer Authorization. If you change your project, you must notify the Division and you may
be required to submit a new 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)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51

Rembert Drive Aerial Sewer Repair
DWR #19-0630
401 AND BUFFER APPROVAL
Page 3 of 4
This Certification and 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.[phone] 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 8:00am and 5:09pm; 'excluding official' state
holidays).
The.petition may be.faxed ,to the OAH at [phone]; provided the original and one copy of
the petition along with anyi 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 If sending'via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service'Center 17-11 New Hope Church Road
Raleigh, NC 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 l6ail Service Center
11 I
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, NC 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

Rembert Drive Aerial Sewer Repair
DWR #19-0630
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 [e-mail] if you have any questions or concerns.
Sincerely,
Karen Higgins
Supervisor, 401 & Buffer Permitting Branch
Enclosure: GC 4135
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Mary T. Brice via e-mail [e-mail]