HomeMy WebLinkAbout19930651 Ver 3_Approval Letter_20150716M-ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 16, 2015
City of Greenville Public Works Department
Attn: Mr. Tim Corley
1500 Beatty Street
Greenville, NC 27834
Donald R. van der Vaart
Secretary
DW R # 93 -0651 V3
Pitt County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
APPROVAL OF TAR- PAMLICO RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Green Mill Run Greenway /Bikeway Phase 2 Extension
Dear Mr. Corley:
You have our approval for the impacts listed below for the purpose described in your application dated
June 10, 2015 and received by the Division of Water Resources (Division) on June 12, 2015. These impacts
are covered by the attached Water Quality General Certification Number 3890, Tar - Pamlico River Riparian
Buffer Rules, and the conditions listed below. Please note, this certification is a modification to the
previous certifications issued on October 8, 2012. This certification is associated with the use of
Nationwide Permit Number 18 once it is issued to you by the U.S. Army Corps of Engineers. Please note
that you should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply
Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit
and the following additional conditions:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B .0233]
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252- 946 -6481 \ Fax: 252 - 975 -3716\ Internet: www.ncdenr.gov
An Equal Opporlunity 1 Affirmative Action Employer - Made in part by recycled paper
Type of Impact
401/404 Wetlands
Site 2 (WH)
Site 3 (WH)
Site 4(WH) .
Site 6 (WF)
Site 7 (WF)
Site 8 (WD)
Site 8 (WB)
Site 11 (WA)
Total 401 /404
Wetlands
Buffers
Site 1
Site 3
Site 5
Site 10
Site 11
Total Buffers
Amount Approved
(units)
Permanent
0.0001 (acres)
0.593 (acres)
0 (acres)
0.0029 (acres)
. 0 (acres)
0.0067 (acres)
0.0011 (acres)
0 (acres)
0.07 (acres)
Square Feet
2,704 (Zone 1)
845 (Zone 2)
1,204 (Zone 1)
1,901 (Zone 2)
941 (Zone 1)
1,124 (Zone 2)
24 (Zone 1)
394 (Zone 2)
414 (Zone 1)
701 (Zone 2)
1,779 (Zone 1)
4,287 (Zone 2)
City of Greenville Public Works Department
Attn: Mr. Tim Corley
DWR# 93 -0651 V3
401 AND BUFFER APPROVAL
Page 2 of 5
Amount
Plan location/
Approved (units)
Reference
Temporary
Attached
0.0023 (acres)
0.0190 (acres)
0.0023 (acres)
0.0128 (acres)
0.1015 (acres)
0.0016 (acres)
0.0017 (acres)
0.0017 (acres)
0.14 (acres)
{ Square Feet
319 (Zone 1)
369 (Zone 2)
898 (Zone 1)
354 (Zone 2)
492 (Zone 1)
241 (Zone 2)
0 (Zone 1)
50 (Zone 2)
70 (Zone 1)
124 (Zone 2)
1,138 (Zone 1)
4,965 (Zone 2)
Page 6 of 13 of PCN
and Figure EB -4996
Page 8 of 13 of PCN
and Figure EB -4996
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions. [15A NCAC 02B .0507(d)(2)]
3. If any erosion problems are observed in the surface waters downslope of the stormwater
discharge points, then you shall immediately repair and correct the problem and prevent
further damage and sediment discharge to the receiving surface waters. Please be aware
that these repairs may require you to obtain a 404 Permit from the Corps and a 401
Certification from the Division. [15A NCAC 02H .0506(b)(5)]
4. Water Qualitv Certification
City of Greenville Public Works Department
Attn: Mr. Tim Corley
DWR# 93 -0651 V3
401 AND BUFFER APPROVAL
Page 3 of 5
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3890. [15A NCAC 02B .0507(c)]
5. Wetland Boundary Protective Fencing
The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange
warning fencing (or similar high visibility material) to protect the remaining wetlands onsite
from being impacted. This shall be done during the initial stage of construction. 15A
NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
6. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 02B .0211 (k). Appropriate sediment and erosion control practices
must be used to meet this standard. [15A NCAC 02B .0211 (k)]
7. The Permittee shall replant the vegetation within temporarily disturbed areas associated
with this project in an "in kind" manner immediately following construction. (Example:
Disturbed areas with pre- existing grassed lawns must be replanted with grass. Disturbed
areas with pre- existing trees or woody vegetation must be replanted with trees and woody
vegetation. Disturbed areas with pre- existing forest vegetation must be replanted with
forest vegetation including at least two different native hardwood tree species at a density
sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by
planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.)
Restoration of trees /shrubs /forest must be completed by the first subsequent planting
season (November 1 through March 30). Note, if the tree plantings do not survive, they
will need to be replaced such that the density is sufficient to provide 320 trees per acre at
maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0233
(6)]
8. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional
Office at 252.946.6481 and after hours and on weekends call (800) 858 -0368.
Management of such spills shall comply with provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC
02B .0200 (3)(f), and GS 143 Article 21A]
9. Re Opener Clause
The City of Greenville and their authorized agents shall conduct their activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. The City of Greenville shall require their
contractors (and /or agents) to comply with all of the terms of this Certification, and shall
provide each of their contractors (and /or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at
City of Greenville Public Works Department
Attn: Mr. Tim Corley
DWR# 93 -0651 V3
401 AND BUFFER APPROVAL
Page 4 of 5
all times. If DWR 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, DWR may
reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC
2H.0507(d). Before modifying the certification, DWR shall notify the City of Greenville and
the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504.
Any new or revised conditions shall be provided to DWR in writing, shall be provided to the
United States Army Corps of Engineers for reference in any permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for
the project.
10. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC 27699 -1650. [15A NCAC 02H
.0507 (c)]
11. The applicant and /or authorized agent shall provide a completed Certificate of Completion
form to the Division within thirty (30) days of project completion (available at
htt Dortal.ncdenr.org/ web /wg /swp /ws/ 401 /certsandi)ermits /apply /forms). [15A NCAC
02H .0506(b)(5)]
12. Within 60 days of completion of construction, as -built drawings (which can be shown on an
aerial or done as a survey) shall be submitted to both the Division of Water Quality, 401 &
Buffer Permitting Unit, 1617 Mail Service Center, Raleigh NC 27699 -1617 and to the
Washington Regional Office. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c) (2)]
13. This approval and their conditions are final and binding unless contested. (G.S. 143- 215.51
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at htto: / /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in
the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
if sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
City of Greenville Public Works Department
Attn: Mr. Tim Corley
DWR# 93 -0651 V3
401 AND BUFFER APPROVAL
Page 5 of 5
if sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam H. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water and Tar - Pamlico
Buffer Rules. Please contact'Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbrauRh @ncdenr.gov if
you have any questions or concerns.
Sincerely, a
f k
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC 3890
Certification of Completion
cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Unit (Laserfiche)
File
Pat McClain, DELMR WaRO (via email)
Jason Hartshorn, Kimley -Horn and Associates, Inc. (via email: Jason .Hartshorn @ Kimley - Horn.com)