HomeMy WebLinkAbout20061160 Ver 2_Approval Letter_20091223e?A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 23, 2009
DWQ Project # 06-1160, Ver. 2
Wake County
Mr. Doug McRainey
Town of Cary
316 N. Academy Street
Cary, NC 27513
Subject Property: Town of Cary: Greystone PDD Greenway Trail Connector
Ut to Panther Creek [030605, 16-41-1-17-3, WSIV, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Jordan Lake Buffer
Protection Rules (15A NCAC 2B.0262-.0273 with Additional Conditions
Dear Mr. McRainey:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.0014 acres of 404/wetland and 39 linear feet of intermittent stream, as described in your
application dated November 4, 2009, and received by the Division of Water Quality (DWQ) on November 9,
2009, with additional information received from you on December 14, 2009, to connect an existing greenway
from Golden Harvest Lane to Mills Park Drive to provide pedestrian access to the Mills Park Elementary School and Mills Park Middle School. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3704 (GC3704). The Certification(s) allows you to
use Nationwide Permit(s) NW 14 when issued by the US Army Corps of Engineers (USACE). This letter shall
also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC
213 .0232-.0273. In addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or
CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us 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
conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval
requires you to follow the conditions listed in the attached certification and any additional conditions
listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX: 919-733-6893
Internet: http://h2o.enr.state.nc.us/ncwetlands/
One
hCatolina
Nort
Natmally
An Equal Opportunity 1 Affirmative Action Employer
Town of Cary
Page 2 of 4
December 23, 2009
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.0014 (acres) PCN page 5 of 1 I
Stream'- intermittent 39 linear feet) PCN page 5 of I 1
Buffers Zone 1 3,722 (square ft.) PCN application page 6 of 11
Buffers Zone 2 672 (square ft.) PCN application page 6 of 11
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
3. 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:
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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed and
the natural grade restored within two (2) months of the date that the Division of Land Resources or locally
delegated program has released the project;
5. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters
and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time lots or properties are recorded. A sample
deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project.
Town of Cary
Page 3 of 4
December 23, 2009
6. 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;
7. Culvert Installation
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
(http://www.nedot.org/doh/operationsBMP manual/downloadBMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation
in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert. Culverts shall be designed and
installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of
the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the
pipes installed in a perched manner, the pipes shall be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up
or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions,
pattern and longitudinal profile) shall be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, an'd 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium
of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The
applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing
by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques must
be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it
shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificates of
Completion" form to notify NCDWQ when all work included in the 401 Certification has been ,
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit
of the NC Division of Water Quality upon completion of the project. Please send photographs upstream
and downstream of each culvert site to document correct installation along with the Certificate of
Completion form.
Town of Cary
Page 4 of 4
December 23, 2009
8. 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 the attached certificate of
completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application, and as authorized by this Certification, shall expire upon expiration of
the 404 or CAMA Permit.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer
impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review
asprovided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and
the Jordan Lake riparian buffer protection rule as described within 15A NCAC 2B .0262-.0273. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sincer ,
leen H. Sullins
CHS/gym
Enclosures: GC 3704
Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Troy Beasley, Withers & Ravenel, 1410 Commonwealth Drive, Suite 101, Wilmington, NC 28403
Filename: 061160Ver2TOCaryGreystonePDDGreenwayTrailConnector(Wake)401 _JLBR