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Home My WebLink About20200274 Ver 1_Approval Letter_20200228DocuSign Envelope ID: 394C703C-A6133-48EC-AE49-1311C5A3A61393 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROL I N A F. mtronnaerrtal Quality February 28, 2020 Wayne County NCDWR Project No. 20200274 Seymour Johnson Air Force Base APPROVAL of NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Dennis Goodson, Deputy Base Engineer United States Air Force, 4' Civil Engineering Squadron 1095 Peterson Ave Seymour Johnson AFB, NC 27531 Dear Mr. Goodson: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of clearing vegetation for runway clearance in Wayne County: Neuse Riparian Buffer Impacts Site Zone 1 Impact (sq ft(using Zone 1 Buffer Mitigation Required 3:1 ratio) Zone 2 Impact (sq ft Zone 2 Buffer Mitigation Required(using 1.5:1 ratio Totals 51459 N/A 76109 N/A * n/a = Impact is in Clearance Easement and thus Exempt: No mitigation required Total Buffer Impact for Project: 127568 square feet. The project shall be constructed in accordance with your application received February 18, 2020. . This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.0233). In addition, you should acquire any other applicable federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B.0233. For this approval to remain valid, you must adhere to the conditions below. 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 DocuSign Envelope ID: 394C703C-A6133-48EC-AE49-1311C5A3A6B93 Conditions of Certification: 1. All clearing of vegetation shall include no grubbing, grading, fill, or soil disturbance within the riparian buffer. All areas in the buffer shall be maintained with at native riparian vegetation (including herbaceous and/or small shrubs native to your geographic region), following completion of the approved tree clearing. (15A NCAC 2B.0233) 2. All stormwater runoff shall be directed as diffuse sheetflow through stream buffers at non -erosive velocities, unless otherwise approved by this certification. (15A NCAC 2B.0233) 3. No impervious surfaces (including but not limited to concrete, asphalt, rock, gravel, etc) shall be placed within the riparian buffer. (15A NCAC 2B.0233) 4. Pursuant to 15A NCAC 2B.0233(6( sediment and erosion control devices shall not be placed in Zone 1 of any 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. 5. 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. [15ANCAC 02H.0506(b)(2)] 6. All mechanized equipment operated near surface waters or buffers 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)] 7. A copy of this Certification shall be maintained on the construction site at all times with the proj ect manager. [ 15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 8. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, 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] 9. 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. 10. 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)] 11. Upon completion of the project, the permittee shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the Certification has been completed. [15A NCAC 02H.0502(f)] 12. 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 02B.0200] 13. 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 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 394C703C-A6B3-48EC-AE49-B11C5A3A61393 If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. 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 the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 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 Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Rob Ridings at rob.ridings(ibncdenr.gov or 919-707-3873. Sincerely, ^DocuSigned by: 9C9866312DCD474... S. Daniel Smith, Director Division of Water Resources Electronic copy only distribution: Jeffrey D'Agostino, Chief, Environmental Element, Seymour Johnson AFB File Copy 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 DocuSign Envelope ID: 394C703C-A6B3-48EC-AE49-B1 1 C5A3A6B93 ROY COOPER Governor MICHAEL S. 1 REGAN Secretary S. DANIEL SMITH NORTH CAROLINA Director EnwiraAwental QuaBty NCDWR Project No.: Applicant: Project Name: County: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. D �� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NOPTH OMOU A