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Home My WebLink About20121055 Ver 3_Approval Letter_20200323DocuSign Envelope ID: B6467009-FA63-4493-9BDF-6CE179C818C3 I .. ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Enlrtronmertfrrl Qualify March 23, 2020 Pitt County NCDWR Project No. 20121055 v.3 Tar River Greenway Phase 3 TIP EB-5539 REISSUANCE of APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr. Lynn Raynor City of Greenville 1500 Beatty Street Greenville, NC 27834 Dear Mr. Raynor: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of constructing Phase 3 of the South Tar River Greenway in Greenville in Pitt County: Wetland Impacts in the Tar -Pamlico River Basin Site Wetlands Permanent ac Wetlands Temporary ac 1 -- 0.03 2 0.001 0.04 3 0.05 0.004 5 0.08 0.01 6 0.008 0.007 7 0.002 0.003 8 0.08 0.03 9 0.005 0.003 10 0.01 0.006 11 0.005 0.004 12 0.06 0.01 Total 0.301 0.147 Net Total 0.448 Buffer Impacts in the Tar -Pamlico River Basin Site Buffer Zone 1 (sq ft) Buffer Zone 2 (sq ft 4 2172 1833 12 4170 13,226 13 479 3944 14 5918 5209 15 147 3895 16 223 797 17 -- 167 Total 13,109 29,071 Net Total 42,180 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: B6467009-FA63-4493-9BDF-6CE179C818C3 The project shall be constructed in accordance with your application dated received January 30, 2020 and additional information received March 20, 2020. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4135. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Tar -Pamlico Riparian Buffer Rules (15A NCAC 2B.0259). In addition, you should acquire any other 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 will expire with the accompanying 404 permit. 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 300 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.0259. For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. Condition(s) of Certification: 1. All the authorized activities and conditions associated with the original Water Quality Certification that was issued for Phase 3 on May 8, 2015 still apply except where superseded by this certification. 2. 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] 3. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [I 5A NCAC 02B.0506(b)(2)] 4. Upon completion of the project (including any impacts at associated borrow or waste sites), the applicant or authorized agent shall complete the "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)] 5. A copy of this Water Quality Certification shall be maintained on the construction site at all times. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 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. 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 an— a L " �� 919.707.9000 DocuSign Envelope ID: B6467009-FA63-4493-9BDF-6CE179C818C3 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 Garcy Ward at (252)948-3917 or garcy.ward@ncdenr.gov. Sincerely, DamDocuSigned by: S. e��mi�f�i�i�'trector Division of Water Resources Electronic copy only distribution: Tom Steffens, US Army Corps of Engineers, Washington Field Office Anthony Scarbraugh, NC DWR, Washington Regional Office Jason Hartshorn, Kimley-Horn, Jason.hartshom@kimley-hom.com Garcy Ward, NC Division of Water Resources Washington Regional Office 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 an— a L " �� 919.707.9000 DocuSign Envelope ID: B6467009-FA63-4493-9BDF-6CE179C818C3 I .. ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Project No.: Applicant: Project Name: 14 -4b V NORTH CAROLINA Enleoronmertfrrt Quality 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— E 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