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Home My WebLink About20221537 DocuSign Envelope ID:78BE8FA0-826D-435E-B35C-B7BCB1A6D2AE a�t STATE � NI. lY3 ti ROY COOPER Governor ELIZABETH S.BISER ` Secretary `� M RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality November 4, 2022 DWR#20221537 Wake County Mr. Eric Kulz Town of Cary PO Box 8005 Cary, NC 27512 Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Project: Laura Duncan Road Pedestrian Improvements Dear Mr. Kulz You have our approval for the impacts listed below for the purpose described in your application received by the NC Division of Water Resources on November 2, 2022. These impacts are covered by the Neuse Buffer Rules and the conditions listed below. 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. The following impacts are hereby approved, provided that all of the Conditions listed below and all of the conditions of the Neuse Buffer Rules are met. No other impacts are approved, including incidental impacts [15A NCAC 02B.0611(b)(2)]. Neuse Riparian Buffer Impacts Site Zone 1 Impact Zone 1 Buffer Mitigation Zone 2 Impact Zone 2 Buffer Mitigation (sq ft) Required (using 3:1 ratio) (sq ft) Required(using 1.5:1 ratio) Total 390 N/A 240 N/A Total Buffer Impact for Project: 630 square feet. *n/a Total for Site is less than 1/3 acre and 150 linear feet of impact,no mitigation required This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of this Authorization Certificate. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold,the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 02B.0611(b)(2)] North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH CARCLINA 919.707.9000 DocuSign Envelope ID:78BE8FA0-826D-435E-B35C-B7BCB1A6D2AE If you are unable to comply with any of the conditions below,you must notify the DWR Transportation Permitting Branch within 24 hours(or the next business day if a weekend or holiday)from the time the permittee becomes aware of the circumstances. The permittee shall report to the NC Division of Water Resources any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B.0714]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. Additional Conditions: 1. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular Transportation maintenance activities including mowing.The area with non-maintained buffers shall be permanently revegetated with native woody species before the next growing season following completion of construction. [15A NCAC 02B.0714]. 2. Pursuant to 15A NCAC 213.0714 sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWR. At this time,the NCDWR has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 3. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. [15A NCAC 02B.0714] & [15A NCAC 02B.0506(b)(2)] 4. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [15A NCAC 02B.0714]. 5. All projects draining to 303(d) listed impaired watersheds shall be designed, constructed, and operated with sediment and erosion control measures that meet Design Standards in Sensitive Watersheds (15A NCAC 413 .0124). 6. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 0213.0200] 7. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)] 8.The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 gaparNrM of Emironmanfal quay DocuSign Envelope ID:78BE8FA0-826D-435E-B35C-B7BCB1A6D2AE 9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 10. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)] 11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)(3)] 12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 13.The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance,the NCDWR may reevaluate and modify this certification. [15A NCAC 0213.02001 14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition,the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 15.The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and waste sites associated with the project, shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502] 16.The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 17.The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 18.There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)] � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 gaparNrM of Emironmanfal quay DocuSign Envelope ID:78BE8FA0-826D-435E-B35C-B7BCB1A6D2AE 19. 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 [15A NCAC 02H.0506(b)(3) and (c)(3)]: 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. For borrow pit sites,the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 20. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the top of bank,without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)] 21. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOTSediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites,the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as 303(d) Impaired Waters, then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing(Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty(60)calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431- 3000. � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 gaparNrM of Emironmanfal quay DocuSign Envelope ID:78BE8FA0-826D-435E-B35C-B7BCB1A6D2AE A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee,then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). This Authorization shall expire five(5)years from the date of this letter. This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 0213.0714. Please contact Rob Ridings at 919-707-8786 or rob.ridings@ncdenr.gov if you have any questions or concerns. Sincerely, E DocuSignned by: YYt W 1.�,(,L�PY1(AJf�. 9C9886312DCD474_. Richard E. Rogers,Jr, Director Division of Water Resources cc: File Copy REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 naparMeM of EmironmanW 9uallly