HomeMy WebLinkAbout20200274 Ver 1_Buffer 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