HomeMy WebLinkAbout20160071 Ver 1_Approval Letter_20160223Water Resources
ENVIRONMENTAL �UALITY
PAT MCCRORY
c�„-��,��»
DONALD R VAN DER VAART
Sec, errn r
S JAY ZIMMERMAN
Uirecror
February 23, 2016
Johnston County
NCDWR Project No. 2016007]
Sam's Branch Greenway
TIP No U-5530LB
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr David DeYoung, Plannmg Director
Town of Clayton
PO Box 777
Clayton, NC 277528
Dear Mr. DeYoung
You have our approval, in accordance with the condihons listed below, for the followmg impacts for the purpose of
the Sam's Branch Greenway in Johnston County•
Wetland Imnacts in the Neuse River Basin
Total Wetland Impact for Project: 0.04 acres.
Neuse Ri arian Buffer Im acts
Site Zone 1 Im act s ft Zone 2 Im act s ft Total Im act (s ft)
1 7262 2866 10128
2 3557 3318 6875
3 0 153 153
6 3222 1416 4638
9 1144 2909 4053
11 3466 1332 4798
12 3674 1453 5127
�'otals 2232� 13447 35772
Total Buffer lmpact for Yroject: 35772 square feet.
State of North Carolma �Env�ronmental Quality � Water Resources
1617 ivlail Service Center, Raleigh, tdorih Carolina 27699-1617
Phone 919-307-6300
The project shall be constructed m accordance with your application received January 19, 2016 After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certificatton Number
3886. This certification corresponds to the Nationw�de Permrt 14 issued by the Corps of Engineers This approval
is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B 0233). In addition, you should acquire any other
federal, state or local permrts before you proceed with your pro�ect including (but not hmited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will exp�re wrth the
accompanymg 404 permit.
This approval is valid solely for the purpose and design descrioed m 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 complymg
with all the conditions If total wetland fills for this pro�ect (now or in the future) exceed one acre, ar of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mrtigation may be requ�red as
described m 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may requ�re compensatory mitigatton
as described m 15A NCAC 2B.0233 For this approval to remam valid, you must adhere to the conditions listed in
the certification and any addrtional condrtions listed below
Conditions of Certification:
1. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruct�on conditions and revegetated. Mamtamed buffers shall be permanently revegetated wrth non-woody
species by the end of the growmg season following completion of construchon For the purpose of this condition, ,
mamtained buffer areas are defined as areas within the transportation corridor that will be sub�ect to regular greenway
system maintenance activities mcludmg mowmg The area with non-maintamed buffers shall be permanently
revegetated with native woody species before the next growing season followmg complehon of construction. [15A
NCAC 2B 0233]
2 Pursuant to 15A NCAC 2B.0233(6), sediment and erosion control devices shall not be placed m Zone 1 of any
Neuse Buffer without prior approval by the NCDWR At this tune, the NCDWR has approved no sediment and
emsion control devic�s in Zone 1; outside of tl�e approved pro�ect impacts, anywhere on this pmject Moreover,
se�iment a�nd emsion c�nt�o1 devices shall be allowe� m Zor_e 2 ofthe buffers prov�ded that?one 1 is no±
compromised and that discharge is released as diffuse flow.
3 If concrete is used anywhere on the pro�ect durmg construction, a dry wark area shall be maintained to prevent
direct contact between curmg concrete and stream water. Water that madvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills [15A
NCAC 02B 0200]
4. During the construction of the pro�ect, no staging of equipment of any kmd is permitted in waters of the U S, or
protected riparian buffers [15A NCAC 02H.0506(b)(2)]
5. The dimenston, pattern and profile of the stream above and below the crossing shall not be modified Disturbed
floodplams and streams shall be restored to natural geomorphic conditions. [ 15A NCAC 02H.0506(b)(2)]
6 The use of np-rap above the Normal High Water Mark shall be minimized Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [15A
NCAC 02H 0506(b)(2)]
7 The Permittee shall ensure that the final design drawings adhere to the permrt and to the permrt drawmgs
submitted for approval. [15A NCAC 02H 0507 (c) and 15A NCAC 02H 0506 (b)(2) and (c)(2)]
8 All work in or ad�acent to stream waters shall be conducted m a dry work area Approved BMP measures such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation m flowmg
water. [ISA NCaC 02H U506(b)(3) and (cj(3)]
9 Heavy equipment shall be operated from the banks rather than in the stream channel m order to mmimize
sedimentarian and reduc� the mtraduction of other pc�llutants mto the stream [15A NCAC 02H 0506(b)(3)]
10 All mechamzed equipment operated near surface waters must be regularly mspected and mamtained to prevent
contammation of stream waters from fuels, lubr�cants, hydraulic fluids, or other toxic materials [15A NCAC
02H 0506(b)(3)]
11 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification [15A NCAC 02H 0506(b)(3)]
12 Dischargmg hydroseed mixtures and washtng out hydreseeders znd other equipment m or ad�acent to surface waters
is prohibrted [i5A NCAC 02H 0506(b)(3)]
13 The permittee and rts authorized agents shall conduct its activittes m a manner consistent with State water quality
standards (includmg any requirements resultmg from compliance wrth §303(d) of the Clean Water Act) and any other
appropriate requirements of State and Federal law If the NCDWR determmes that such standards or laws are not being
met (includtng the failure to sustain a designated or achieved use) ar that State or federal law is bemg violated, or that
further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification [15A
NCAC 02B 0200]
14 A copy of thts Water Quality Certification shall be mamtamed on the construction srte at all ttmes In addition, the
Water Qualtty Certification and all subsequent modifications, if any, shall be mamtamed with the on-site pro�ect
manager [15A NCAC 02H .0507(c) and 15A NCAC 02H 0506 (b)(2) and (c)(2)]
15 The outside buffer, wetland or water boundary located withm the construction corr�dor approved by this authorization
shall be clearly marked by highly visible fencmg prior to any land disturbmg activihes Impacts to areas withm the
fencing are prohibited unless otherwise authonzed by this certification [15A NCAC 02H 0501 and 0502]
16 The issuance of this certification does not exempt the Permittee from complymg with any and all statutes, rules,
regulations, or ordmances that may be tmposed by other government agencies (i e. local, state, and federal) havmg
Jurisdiction, mcludmg but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc
17 The Perm�ttee shall report any violations of this certif cation to the Diviston of Water Resources within 24 hours of
�zsco��e.ry [� SA NCAC 02B 05p6�b;(2)�
18 Upon completion of the pro�ect (mcluding any impacts at associated borrow or waste srtes), the permittee shall
complete and return the enclosed "Certificahon of Completion Form" to notify the NCDWR when all work mcluded in
the 401 Certification has been completed [15A NCAC 02H 0502(fj]
19 Native ripartan vegetation must be reestabltshed in the riparian areas wrthm the construction limrts ofthe pro�ect by
the end of the growmg season followmg completion of construction [15A NCAC 2B 0233]
20. There shall be no excavation from, or waste disposal mto, �urisdtctional wetlands or waters associated with this
permrt wrthout appropriate modification Should waste or borrow srtes, or access roads to waste ar borrow sites, be
located in wetlands or streams, compensatory mitigation will be required smce that is a direct impact from road
construction activities [15A NCAC 02H.0506(b)(3) and (c)(3)]
21 Erosion and sediment control practices must be m full compliance wrth all specifications governmg the proper design,
mstallation and operation and mamtenance of such Best Management Practices in order to protect surface waters
standards [ 15A NCAC 02H 0506(b)(3) and (c)(3)]
a The erosion and sediment control measures for the pro�ect must be designed, mstalled, operated, and
mamtamed m accordance wrth the most recent version of the North Carolrna Sedrment and Erosion
Control Planrang and Desrgn Manual
b The design, mstallation, operation, and mamtenance 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 SedimejTt and Erosion Co;�trol r1�Ianua[ 1�e devices shall be mamtaineci on ail constructicn
sites, borrow sites, and waste p�le (spoil) pro�ects, mcludmg contractor-owned or leased borrow pits
associated wrth the pro�ect
c For borrow pit s�tes, tlie erosion an� sedtment control measures m�st be design:,d, mstalled, operated,
and maintauied in accordance with the most recent versian of the TJorth Carolmu Sraface Mrn�ng
Manunl
d The reclamation measures and implementation must comply wrth the reclamation m accordance with the
requirements of the Sedimentation Pollution Control Act
22 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification [15A NCAC 02H 0506(b)(3) and (c)(3)]
If you wish to contest any statement m the attached Certification you must file a petrtion for an admmistrative
hearmg You may obtam the petrtion form from the office of Admmistrative hearings You must file the petrt�on
with the office of Admimstrative Hearmgs within sixty (60) days of receipt of thts notice A petition is considered
filed when rt is received m the office of Admmistrative Hearmgs durtng normal office hours The Office of
Admmistrative Hearmgs accepts filmgs Monday through Friday between the hours of 8 OOam and 5 OOpm, except
for official state holidays The ariginal and one (1) copy of the petition must be filed with the Office of
Admmistrahve Hearmgs
The petrtion may be faxed-provided the origmal and one copy of the document is received by the Office of
Administrative Hearings withm five (5) busmess days followmg the faxed transmission
The mailmg address for the Office of Administrat�ve Hearings is
Office of Admmistrative Hearmgs
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 Sam M Hayes, General Counsel
Department of Environmental Quality
1601 Mail ServiGe Center
'fhis 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 Ridmgs at 919-707-8786
Smcerely,
��'�(� �r�����
"V '
S Jay Zimmerman, Director
Division of Water Resources
Electromc copy only distribution•
Tom Steffens, US Army Corps of Engmeers, Washmgton Field Office
Dav�d Cooper, Ecological Engineermg, LLP
File Copy
3;'
i �
Watel- Resources
ENVIRONMENTAL OUALITY
NCDWR Project No.:
Applicant:
Project Name:
Date of issuance of 401 Water Quality Certification:
County:
PAT MCCRORY
<.�„��,�,�„
DONALD R VAN DER VAART
Seu elai v
S JAY ZIMMERMAN
IJn ec(or
Certificate of Completion
Upon completion of all work approved withm the 401 Water Quahty Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant ts required to return this certificate to the 401 Transportation Permittmg
Umt, North Carolma Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. Tlus form
may be returned to NCDWP. by the applicant, the apphcant's authorized agent, or thE pro�ect engir�eer It �s not
necessary to send certificates from all of these.
ApplicanNs Certification
I� , hereby state that, to the best of my abilities, due care and diligence
was used m the observation of the construction such that the construction was observed to be built wrthm substanrial
compliance and mtent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportmg materials
Signature Date
�gent's C2rtificctio��
I, , hereby state that, to the best of my abilrties, due care and diligence
was used m the observation of the construction such that the construction was observed to be built withm substantial
compliance and mtent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportmg materials
Signature Date
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engmeer in the State of North
Carohna, having been authorized to observe (periodically, weekly, full t�me) the construction of the pro�ect for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used m the observation of the
construction such that the construcrion was observed to be built within substantial compliance and intent of the 401
Water Qualrty Certification and Buffer Rules, the approved plans and specifications, and other supportmg materials
Signature
Date
Registration No
State of Nor4� Carolma �Environmenta; Qualrty � P✓at„r Resowces
1617 Mail Service Center, Raleigh North Carolina 27699-1617