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Home My WebLink About20160382 Ver 1_Approval Letter_20160512Water Resources ENVIRONMENTAL �Ul1LIT V Site Totals I' \ I \1(��R��ItI I)(� N;1 I, I) IZ V' ;� I�' U I: IZ �� :� 1 IZ'I' ti. J�1Y 'I,[MMF;RMAN May 12, 2016 Wake County iJCDVI-'R Project Na 201(0382 Edinburgh Drive Sidewalk Project APPROVAL of NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Amir Nezarati, PE Town of Cary Transportation & Facilities Dept. 316 North Academy Street Cary, NC 27513 Dear Mr. Nezarati, You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of sidewalk construction on Edinburgh Drive in Wake County: __ Neuse R�arian Buffer ImQacts _ __ __ ______ _ _ __ 7.one 1 imnact � 7.�ne 1 Buffer Mitigation r[ Zone 2 Impact 1 Zone 2 Buffer Mitigation _ (sc�ft)___ __1__ Fce�c uired (using 3:1 ratioj _�_ (sgftj __�_ Reguired (usin�1.5:1 ratio N/A * n/a = Impact Allowable, no mitigation required Total Buffer Impact for Project: 428 square feet. 428 N/A The project shail be constructed in accordance with your application received Apr�l 18, 2016. This approval is valid for the Neuse Riparian Buffer Rules (15A NCAC .02B .0295). 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 is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you musC 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 �esponsible for complying with all the conditions. [f total wetland fills for this project (now or in the future) exceed ore acre, or of total impacts to streams (now or in the future) exceed I50 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 conditions listed below. State of NoNi Carclina IEmi�onr�ental QuaGty I Water Retources 161� Mail Service Center, Raleigh. North Carolina i7699-1017 Conditions of Certification: l. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular Transportation maintenance activities including mowing. T'he area with non-maintained buffers shall be permanently revegetated with native woody species before the next growing season feliowing completion �f construc±ion. [15A NCAC 2B..G233] 2. Pursuant ±0 15A NCAC 2B.0233(6), sediment and erosion control devices shall no± be placed in Zone 1 of any Neuse 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 or_ 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. 3. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently 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 project; no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)] 5. 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)] 6. All mechanized equipment operated near surface waters 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. Dis�harging hydroseed mixh�res and washin� out hydroseeders and other equipment in or adjacent t� surface waters is prohibi:ed. �15A NCAC 02H.0506(h)l3>> 8. The permirtee 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 certifcation. [15A NCAC 02B.02001 9. A copy o: this Water Quality Certification shall be maintained on the const.uction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 10. The ontside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and �*�aste sites associated with the project, 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] 11. 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. i2. T:�e Permittee siiail rep�rt any violations of tnis certification to the Uivisian of �Nater Resour�es wit:;in 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 1�. ��pon com�lztion �: the �;roj;,ct (inclf�ding any impacts at associate�i borrow or waste sites), tl?e pe-rri�tee shal� c�mplete an � return the er,cl�szci "Certification of Completion Form" to noi?fy the NC1�WR whe� a11 work inclucied in the Certification has been completed. [15A NCAC Q2H.0502(�] 14. Native riparian vegetation (i.e. herbaceous, trees, and shrubs native to your geographic region) must be reestablished in the riparian areas within the consiruction limits of the project by the end of the growing season following completion of construction. [15A NCAC 02B.0233(10)] 15. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. [ 15A NCAC 02H.0506(b)(3) and (c)(3'] 16. 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 [15A NCAC 02H.0506(b)(3) and (c)(3)]: a. T'he 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 Ylanning and Design Manuai. 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 nroject. - c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 17. 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 in the attached Certification you must file a petition for an administrative hearing. You may obtain ihe petition forn► fram the office �f Administrative hearings. You must file the petition with the office of Administrative Hearings within siYty (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:OOam and S:OUpm, except far official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. 'The getition may be faxed-pr�vided the ariginal and one copy of the docur:ient is received by thz 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. Sam M. Hayes, General Counsel llepartment of Environmental Quality 1601 Mail Service Center � This letter completes the review of the Division of Water Resources under Secrion 401 of the Clean Water Act. If you have any questions, please contact Rob Ridings at 919-707-8786. Sincerely, �,�� V- ' S. Ja immerman, D ector Division of Water Resources Electronic copy only distribution: DWR Raleigh Regional Office File Copy Water Resources eNviaor�MtN i n� c�un�n r NCDWR Project No.: Applicant: Project Name: Date of Issuance of 40l Water Quality Certification: COUIItj': i� � i :�i��it��ii�� I>(�ti-U l) k�� 1ti UI�R. �':1nR"f ti .I:�1 /I'�1�11 It11AN 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 V4'ater Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be rztur7ed to iv'CD`NR by� thz applicant, thz appl�cant's autharized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certifrcation 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 mareri�ls. �ignatu� e: �a�e� Ag�stt's Certifi�atia;� I, , hereby state that, to the best of rny 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 ather supporting materials. Signature: Date: Engineer's Certifrcation Partial Final �, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, tull time) the construction of the project tor the Permittee hereby state that, to the best of my abilitie�s, due care and diligence was used in the observation ofthe construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quaiity Certification and Buffer Rules, the approved plans and specifications, and other supportiug materials. Signature Registration No. Da±e State of Nortli CaroGna I�m�ironmenta! QuaGh ,�'�ater Resou:ces 1617 Niail Service Cemer, Raleigh, No!th Carolina 27699-�617 Phc�e Si9-EGi-63C0