20150995 Ver 2_Approval Letter_20190409

ROY COOPER
Gavemar
MICHAELS.REGAN
sPlIPiQ�y
LINDA CULPEPPER
Direcror
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NORTH CAROLINA
Environmenml Qua/!ty
April 9, 3019
Wake County
D W R Project No. 20150995 ver 2
Park Depo[ Greenway
TIP No. U-5530GA
APPROVAL of 401 WATER QUALITY CF.RTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL
CONDITIONS
Mc Tracy Stephenson, P.E.
Town of Fuquay-Varina
401 Old Honeycutt Road
Fuquay-Varina, NC ?7526
Dear Mr.Stephenson:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of building Ihe Park
Depot Greenway in Wake County:
Site
�
Permanen[
0.03
in [he Neuse River Basin
Total I 0.03
Total Wetland Impact for Project 0.03 acres.
Si[e Zone 1 Impact
s ft)
I 2623
3 0
Totals 2623
Neuse Riparian Buffer Impacts
Zone I Buffer Mi[iga[ion . r, Zone 2 Impaet
N,A
N/A
0
* n/a = Total for Site is less than V3 acre and I50 linear feet of impact, no m
Total Buffer Impact for Project 5943 square feet.
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Wetland 1
0.03
Zone 2 Buffer Mitigation
;equired (using 1.5:1 ratic
N/A
1104 N/�
3320 0
itigation required
North Carolina Departmen[ of Envuomnental Qualiry'� Drvision of Water Resources
i12 North Salisbury S[ree[ 1617 Mail Service Cenrer Raleigh. North Carolina 27699-1617
919.707.9000
�

The project shall be constructed in accordance with yuur received April 5, ?019. Aher reviewing your application, we have decided
tha[ these impacts are covered by General Water Quality Certification Nuinber d 139. This certification corresponds to the Nationwide
Pennit 18 issued by the Corps ot Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (I �A NCAC ?B.0333).
In addition, you should acquire any other tederal, state or local permits betore you proceed with your projec� including (but not limited
to) Sediment and Erusion Control, NomDischarge and Water Supply Watershed regulations. This approval will expire with the
accompanying 40d permit.
This approval is valid solely for die purpose and desi�n described in your application (unless moditied below). Should your project
change, you must notify the NCD W R and submit a new application. I f the propeny is sold, the new owner must be �iven a copy of
this Certifieation and approval letter, and is thereby responsible for complying with all the conditions. If total wedand fills for this
project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) esceed I50 linear feet,
compensatory miti�ation may be required as described in I�A NCAC ?H .0506 (h) (6) and (7). Additional buffer impacts may require
compensatory mitigation as described in IgA NCAC ?B.0233. For this approval to remain valid, gou mus[ adhere ro the conditions
listed in the General Certification and any additional conditions listed below.
Condi[ions of Cer[ifica[ion:
I. All stormwarer runoff shall be direc[ed as shee[Flow through stream buffers at non-erosive velocities, unless otherwise approved by
this certification. [ISA NCAC 3B.0333J
2. All riparian bufFers impacted by the placement of [emporary till or clearing activi[ies shall be restored to the preconstruction
contours and revegetated. Maintained buffers shall be permanendy revegetated wi[h nomwoody species by the end of the growine
season following completion of cons[ruction. For the purpose of this condition, maintained buffer areas are defined as areas within the
transportation corridor that will be subject to regular corridor maintenance activities includino mowing. The area with non-maintained
buffers shall be permanendy reve�etated with native woody species before the next ;rowing season following completion of
construction. j I SA NCAC 2B.0'_33]
3. Pursuant ro I SA NCAC 2B.0333(6) sediment and erosion control devices shall not be placed in Zone I ot any Neuse Buffer
without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and erosion control devices in Zone I,
outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in
Zone 3 ot the buffers provided that 7.one I is not compromised and tha[ dischar�e is released as diffuse flow.
4. Pipes and culverts used exclusively ro maintain equilibrium in wetlands, where aquatic life pass'age is not a concern, shall not be
buried. These pipes shall be installed at natural ground elevation. [ISA NCAC 3H.0�06(b)�
5. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curin�, concrete and
stream warer. Water [hat inadvertently contacts uncured concrete shall not be discharged to surface waters due ro the potential for
elevated pH and possible aquatic life and fish kills. [I�A NCAC 03B.0300�
6. During the construction of the project, no sta�in� of equipment of any kind is permitted in waters ofthe U.S., or protected riparian
buffers. [ISA NCAC 0?H.O506(b)(3)�
7. The Permittee shall ensure that the fmal desi�n drawings adhere to the pertnit and to the permit drawin�s submitted for approval.
[ISA NCAC 02H .0507 (c) and ISA NCAC 02H .0506 (b)(2) and (c)('_)J
8. All mechanized equipment operated near surface waters mus[ be regularly inspected and main[ained to prevent contamination of
stream waters from fuels. Iubricants, hydraulic Fluids, or other rosic materials. [I SA NCAC 03H.0506(b)(3)]
9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [ I SA
NCAC 02H.0506(b)(3)]
10. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including
any requiremen[s resul[in� Gom compliance with y303(d) of Ihe 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 bein� violated, or that further conditions are necessary ro assure compliance, the NCDW R
may reevaluate and modify this certitication. �I�A NCAC 02B.0200�
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North Carolina Department of Emironinen[al Quaiity Drvision of Wa[er Resources
512 North Salisbury Street 1617 Mail Serwce Center Raleigh. North Carolina 276991617
919 707.9000
��

I I. 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 inaintained with the on-site project manager. �ISA NCAC 02H .0507(c)
and I�A NCAC 02H .0�06 (b)(2) and (c)(3)�
13. The outside buffer, wedand or water boundary locatcd within the construction corridor approved by this authorization, includin, alI
non-commercial borrow and waste sites associa[ed with [he project, shall be elearly marked by highly visible fencing prior [o any land
dis[urbing activities. Impacts to areas within the fencin, are prohibited unless otherwise authorized by this certification. [ISA NCAC
03H.0501 and .0�02]
13. The issuance of this certification does not exemp[ the Permittee from complying with any and all statutes. rules, reoulations, or
ordinances that may be imposed by other �overnmen[ agencies (i.e. local, state, and federal) havingjurisdiction, includin� but not limited
to applicable buffer rules, srormwater mana,ement rules, soil erosion and sedimentation control requiremen[s, etc.
Id. The Permi[tee shall report any violations of this certification [o the Division oC Wa[er Resources within 24 hours of discovery. [I SA
NCAC 03B.0506(b)(2)]
I5. Upon completion of the project (including any impacts a[ associated borrow or waste sites), the permittee shall complete and retum
the enclosed "Certification of Completion Form° to notify [he NCDWR when all work included in the 401 Certification has been
completed. [ISA NCAC 0?H.0503(��
16. Native riparian ve�etation (i.e. trees and shrubs native to your geo�raphic re�ion) must be reestablished in the riparian areas within the
construction limits of the project by the end of the growing season followina completion of construction. [I>A NCAC 03B.0233(10)] &
[ I SA NCAC 02B.0506(b)(3)]
17. lhere shall be no excavation from, or was[e disposal inro, jurisdic[ional wedands or waters associated with this pennit wi[hou[
appropria[e modifica[ion. Should waste or borrow sites, or access roads [o waste or borrow si[es, be located in wetlands or streams,
compensatory miti_ation will be required since that is a direct impact from road construction activities. [I SA NCAC 03H.0506(b)(3) and
(c)(3)]
18. Erosion and sediment control prac[ices mus[ be in full compliance with all specifications governing [he proper desi�n, ins[allation and
operation and maintenance of such Best Mana�ement Practices in order to protect surface waters standards [ISA NCAC 03H.0506(b)(3)
and (c)(3)]:
a. The erosion and sediment control measures for [he project must be designed, installed, operated, and maintained in
accordance with the most recent version of the North Cm�ulrna Sedimenl nnd Ero.sion Con�rnl Pliinning ond Dza�ign
M�mu�d.
b. The design, installa[ion, operation, and maintenance of the sediment and erosion convol measures mus[ be such that they
equal, or exceed, the requirements specified in the most recent version ofthe North Cnrolina Sedinrent and Erasiory Cotttru/
MmnmL The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, includine
contrac[or-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 Su�Jace hlinrng hiana�ol.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the reyuirements of
the Sedimentation Pollu[ion Convol Act.
19. Sediment and erosion wntrol measures shall no[ be placed in weNands or surtace wa[ers, or wi[hin 5 feet of the [op of bank, without
prior approval tiom DW R[15A NCAC 0?H.05p6(b)(3) and (c)(3)]
20. When applicable, all construction activities shall be performed and maintained in full compliance with G.S Chapter I 13A Article 4
(Sediment and Pollution Con[rol Act of I9T). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality
standards, statutes, or rules occur. [I SA NCAC 02H .0�06{b)(3) and (c)(3) and I�A NCAC 02B.0200]
:.,�. � Q��
North Carollna Department of Enuironmental Quahry Drvision of Water Resources
�12 North Salisbury S[reet 1617 Mail Service Cen[er Raleigh. North Carolina 27699-16P
919707.9000
�

31. Design, installation, operation, and maintenance uf all sediment and erosion control measures shall be equal to or exceed the
requirements specitied in the most recent version of the Nor�h Cnrolina Sediment and Erosion Contrn! hfanual, or for linear
transportation projects, the NCD07'Sedinaenl cmcl Ei�osion Control M1lonual.
All devices shall be maintained o� all construction sites, borrow sites, and waste pile (spoil) sites, includino contrac[or-owned or leased
borrow pits associated with the prqject Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shal I be on site at al I times.
For borrow pit sites, the erosion and sediment convol measures shall be designed, installed, operared, and maintained in accordance
with the most recent version of Ihe Nnrih Carolinc� SurJiice ,bliivi�rg hfunuol. Reclamation measures and implementa[ion shall comply
with [he reclamation in accordance with the requirements of the Sedimentation Pollu[ion Control Act and the Mining Act of 1971. � I SA
NCAC 03H.0506(b)(3) and (c)(3); GC 413�]
If you wish to contes[ any sta[emen[ in [he attached Certification you mus[ tile a petition for an administrative hearin�. You may
obtain the petition form from Ihe office of Administra[ive hearings. You must file [he petition with the office of Administrative
Hearines wi[hin sisty (60) days of receipt of this no[ice. A petition is considered filed when it is received in [he office of
Administrative Hearings during normal office hours. The Office of Administrative Hearin�s accepts filin�s Monday [hrough Friday
be[ween the hours of 8:OOam and S:OOpm, excep[ for official state holidays. The original and one ( I) copy of the peti[ion must be filed
with the Otfce of Administrative Hearin�s.
The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings
within five (5) business days following [he faxed [ransmission.
The mailing address for the Office of Administra[ive Hearin�s is:
Office of Adminis[rative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) d31-3000. Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Wa[er Resources under Section d01 of the Clean Water AcC If you have any
questions, please contact Rob Ridings at rob.ridin�.s(r�ncdenr._ov or 919-707-3873.
Sincerely,
���
Lin a Culpepper, Di ctor
Division of Water Resources
Elec[ronic copy only distribution:
James Las[inger, US Army Corps of Engineers, Raleigh Field Office
Jason Harshorn, PWS, Kimley-Horn
File Copy
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North Carolina Department of Environmen[ai Quai�ry Divison of Water Resources
512 North Salisbury S[reet 1617 Matl Service Center �, Raleigh, North Carohna 27699-1617
919707.9000
�

ROY COOPER
Governor
MICHAEL 5. REGAN
secremry
LINDA CULPEPPER
Direcror
NORTH CAROLINA
Envi�onmental Quality
NCDWR Projcct No.:
Applicanh
Project Name:
Countr:
Date of Issuance of 401 Water Quali[y Cer[ification:
Certificate of Completion
Upon completion of all work approved within [he 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent moditications, Ihe applicant is required to retum this certifica[e to [he 401 Transporta[ion Permitting
Unit, North Carolina Division of Water Resources. 1617 Mail Service Cen[er, Raleigh, NC, 27699-1617. This form
may be returned ro NCDWR by the applicant. the applicant's authorized agent, or tlie project engineer. It is not
necessary to send certificates from all of [hese.
.4pplicnnYs Certificulio�r
I, , hereby sta[e [hat, ro the best of my abilities, due care and diligence
was used in [he observation of the construction such that the cons[ruction was observed to be built wi[hin substantial
compliance and intent of the d01 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting ma[erials.
Signature: Date:
Agent's Cer!lJica[ion
I, , hereby state [hat, [o the best of my abilities, due care and diligence
was used in the observation of the construc[ion such that the construction was observed to be built within substantial
compliance and intent of the d01 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportin� materials.
Signah�re: _ Date:
Eitgrweer's Cerlificution
Partial Final
I, , as a duly registered Professional Engineer in the S[ate of North
Carolina, having been au[horized [o observe (periodically, weekly, full [ime) [he construction of the project for [he
Permittee hereby state that, ro[he bes[ of my abilities, due care and dilipence was used in [he observation of the
construction such tha[ the construction was observed [o be built within substantial compliance and intent ofthe 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supponing materials.
Si�nature
Da[e
Registration No.
�1w North Carolina Department of Environmental Qualiry I Division of Water Resources
D_E J� 512 North Salisbury Street I 16A Mail Service Cenrer I Raleigh. North Carolina 27699 1617
ow•�..��.����o.mn^=��„v�\ C 919.707.9000
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