HomeMy WebLinkAbout20171558 Ver 1_Approval Letter_20171219Environmentnl
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ROY COOPER
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MICHAEL S. REGAN
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LINDA CULPEPPER
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December 19 2017
Granville County
NCDWR Project No. 20171558
Creedmoor Cross City Trails
TIP Nos. G5166 & EB-5513
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. Michael Frangos, Plannin� Director
City of Creedmoor
PO Box 76�
Creedmoor. NC 27522
Dear Mr. Franoos:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
the Cross City Trails project in Granville County:
0.0 t 1
Wetland Imoacts in lhe Neuse River Basin
11 1
0.051
Total Wetland Impact for Projec[: 0.062 acres.
Total Wetland I
CIZQII:
0.062
Neuse Ri arian Buffer Im acts
Site Zone I Impact Zone 1 Buffer Mitigation Required Zone 2 Impact Zone 2 Buffer Mitigation
s ft usin 3:1 retio (s f't Re uired usin 1.5:1 ratio
I 1249 N/A 830 N/A
? 264 N/A 207 N/A
3 0 N/A I81 N/A
4 659 N/A 865 N/A
5 1438 N/A 426 N/A
Totals 3610 0 2509 0
` Na = IbTal tor Jrte �s less than I/3 acre antl I�U Imear teeT ot impact, no m�hgahon reqmretl
Total Buffer Impact for Project: 61 �9 square feet.
The project shall be constructed in accordance wi[h your application received December 6, 2017. After reviewing
your application, we have decided diat these impacts are covered by General Water Quality Certification Number
4135. This certification corresponds to the Nationwide Permit 14 issued by the Corps of En�ineers. This approval
is also valid for the Neuse Riparian Buffer Rules ( I iA NCAC 2B.0233). 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
Sta[e ofNonh Camlina I Envimnmzmal Quality
1617 Mail Smice Crnter � Raleigh, North Carolina D699-16 U
Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the
accompanying 404 permit.
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 approvalletter, 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, ar of total
impacts to streams (now or in the future) exceed 1501itiear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require cornpensatory mitigation
as described in 15A NCAC 2B.0233. For this approval to remain valid, you must adhere to the conditions listed in
the General Certification and any additional conditions listed below.
Conditions of Certitication:
1. 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. The area with non-maintained buffers shall be permanently
revegetated with native woody species before the next growing season following completion of construction. [15A
NCAC 2B.0233]
2. Pursuant to 1SA NCAC 2B.0233(6) sediment and erosion control devices shall not 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 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.
3. All stormwater runoff shall'be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. [15A NCAC 2B.0233] `
4. 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]
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. [15A NCAC 02H.0506(b)(2)]
6. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)]
7. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed far 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)]
8. 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)]
9. All wark in or adjacent to stream waters shall be conducted 'm a dry work area. Approved BMP measures from
the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC
02H.0506(b)(3) and (c)(3)]
1 Q. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.. [15A NCAC 02H.0506(b)(3)]
11.. 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)] �
12. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certificatioa [15A NCAC 02H.0506(b)(3)]
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
14. The permittee and its authorized agenu shall conduct its activities in a manner consistent with State water quality
standazds (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other
appropriate requ'vements of State and Federal law. If the NCD WR 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 aze necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A
NCAC 02B.0200]
15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
16. A copy of this Water Quality Certification shall be maintained on the construction 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 (cx2)]
17. 7'he outside buffer, wetland or water boundary bcated within the construction corridor approved by this
authorization, including all non-commercial borrow and waste sites associated with the project, shall be cleazly marked
by highly visible fencing prior to any land disturbing activities. Impacts to azeas within the fencing aze prohibited unless
otherwise authorized by this ceRification. [ 15A NCAC 02H.0501 and .0502]
18. 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 govemment 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.
19. 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)]
20. Upon completion of the project (including any impacts at associated borrow or waste sites), the permittee shall
complete and retum the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in
the 401 Certification has been completed. [15A NCAC 02H.0502(�]
21. Native riparian vegetation (i.e., trees and shrubs native ro your geographic region) must be reestablished in the
riparian areas within the constrvction limits of the project by the end of the growing season following completion of
constructioa [15A NCAC 02B.0233(10)] &[15A NCAC 02B.0506(bx2)]
22. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit wi[hout 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
consWction ac[ivities. [15A NCAC 02H.0506(bx3) and (cx3)]
23. 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 ro protect surface waters
standazds [15A NCAC 02H.0506(b)(3) and (cx3)]:
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
Contro/ Plannrng and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion wntrol measures must
be such that they equal, or exceed, the requ'vements specified in the most recent version of the North
Carolina Sediment and Erosion Contro[ Manual. T'he devices shall be maintained on all co�struction
sites, borrow sites, and waste pile (spoil) projecu, including contractor-owned or leased borrow pits
associated with the project.
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 Carolrna Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requ'vements of the SedimentaHon Pollution Control Act.
24. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the top
of bank, without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (cx3)]
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 Heazings during nortnal office hours. The Office of
Administrative Hearings accepts filings Monday tivough Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. 7'he 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) 4313000, 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 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 919-707-8786.
S�ely, �
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� � ' f71 /'.�� 6' �
Linda Culpepper, Interun D'vector
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Gregory Price, Carolina Ewsystems, [nc.
File Copy
En vironmen tu!
QUAi(ty
NCDWR Project No.:
Applicanh
Project Name:
Da[e of Issuance of 40I Water Qualit,y Certification:
County:
ROY COOPER
Gorernor
MICHAEL S. REGAN
Srcrr�nrr
LINDA CULPEPPER
lnlrrlm DL'ri Inr
Certificate of Completion
Upon completion of all work approved wi[hin [he 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, [he applicant is required [o return this certifica[e to [he 401 Transporta[ion Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Ralei�h, NC, 27699-1617. This form
may be remrned to NCDW R by the applicant, the applicanNs authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
,9pplicnwYs Certiftcation
I, , hereby state that, ro 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 40I Water Quality Certification and Buffer Rules, [he approved plans and
specifications, and o[her supporting materials.
Signature: Date:
Agenl's Certificaliori
�, , hereby state thaf, to the best of my abilities, due care and diligence
was used in the observation of the construction such fhat 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 Cer�ificafion
Partial Final
I, , as a duly registered Professional Engineer in the Stare of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby stare 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[he 401
Warer Quality Certification and Buffer Rules, the approved plans and specifications, and other supportine inaterials.
Signature
Date
Registration No.
State of'North Camlina � Environmental Qualiry
1617 Mail Service Center I Raleigh, Nonh Carohna 27699-Ibi 7