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Home My WebLink About20170507 Ver 2_Approval Letter_20180213Envrronmenru! Quality ROY COOPER i;�,��. ��,�,,,� MICHAEL S. REGAN �. �,�, �,,,�� LINDA CULPEPPER i„�,,,,,, n„.-, ��„ Pebruarv 13. 3018 Wake Countc DWR Pruject No. 20170>07ver2 Whi�e bak Creek Grcenway TIP Na G�60�3 IB MODIFICAI'ION of APPRO�'AL of 401 W.4TER QUALITY CERTIFIG4TION and NEUSF. BUFFI:R AIiTHORIZATION, wilh ADDITIONAL CONDITIONti Ms. Amy Mackintosh, PLA Town of Caro 316 North Academv Strce� Cary, NC 37i 13 Dear Ms. Mackintosh: You have our approval. in accordance with the conditions listed belo�v, for the following Reviscd impacts for the purpose oPconstructin�a a Greenwa�� in Wake Coimq- Strcam Im :icts in lhe Neuse River Basin Site Relocation of Intermit[ent Temporarc Impac[ to Temporar}� Impact lo Tolal Stream Stream (linear f[) Intermiltent Strcam lincar ft Percnnial Stream (linear ft) Im ac[ linear 3 0 30 0 30 3 173 0 0 IT 4 0 34 0 34 6 0 0 1?9 I?9 Total 173 6a 129 366 Modified Tolal Strram Impac[ for Project: 366 linear feet. u � � Total Wetl:md I o.o i s�� o.oeo� in [he Neuse River Basin 0 o.oi� p.�597 I 0.0956 Modified Total WetlAnd Impact for ProjecL 0.2��3 acres. Slutt nl Nonh Carnlmu I �-�� iromm�nal Quuhn Ih17MadtirrviccCrmer Ralereh,NunhCerulina'_7��V9-Ini7 0.01 �9 o. i o�� 0.?Sg3 Site Permanent Zone 1 Im act s ' ft 1 12220 2 3188 3 67 Totals 15475 Neuse Ri Temporary Zone 1 Impact (sq ft) 16009 5514 2987 24510 Buffer Im acts Permanent Zone 2 Impact s ft 2139 119 272 2530 Modified Total Buffer Impact for Project: 46557 square feet. Temporary Zone 2 Impact 2214 581 1247 4042 The project shall be constructed in accordance with your application received Apri124,2017 and modification request received January 31, 2018. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4135. This certification corresponds to the Nationwide Permit 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 loca] 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 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 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 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 the conditions listed in the General Certification and any additional conditions listed below. Conditions of Certification: I. Channel relocations shall be built as described in your application. Channels shall be completed and fully stabilized, prior to diverting water into the new stream. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also, rip- rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must be able to provide written justification and any calculations used to determine the extent of rip-rap coverage requested. Once the stream has been turned into the new channel, it may be necessary to relocate stranded fish to the new channel to prevent fish kills. [15A NCAC 02H .0506(b)(3)] . 2. For all areas permitted as Temporary riparian buffer impacts, the areas shall be seeded, stabilized and revegetated upon completion of the project. Native riparian vegetation (trees and shrubs native to your geographic region) must be reestablished in the riparian areas by the end of the growing season following completion of construction. [15A NCAC 2B.0233] � 3. Upon completion of the project, the permittee shall schedule a site visitwith a DWR representative to confirm both the stability of the channel relocation as well as revegetation of the Temporary Riparian Buffer impacts. 4. Pursuant to 15A 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. 5. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [ISA NCAC 2B.0233] 6. 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 corridor that will be subject to regular corridor 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] 7. 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] 8. 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)] 9. The dimension, pattern and profile of the stream above and below any crossings shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] 10. The use of rip-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)] " 11. The Permittee shall ensure that the final desib drawings adhere to the permit and to the permit drawings submitted for approval. [I SA NCAC 02H .0507 (c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)] 12. All work in or adjacent to stream waters shall be conducted in 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)] 13. 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)] 14. Al] 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)] 15. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [15ANCACO2H.0506(b)(3)] 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 17. 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] 18. 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 (c)(2)] 19. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and waste 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] 20. 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. 21. 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)] 22. Upon completion of the project (including any impacts at associated borrow or waste sites), the permittee shall complete and return 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(fl] 23. 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)] 24. 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. 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 Control Planning and Design Manual. ' 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 Contro! 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 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 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. 25. 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 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:OOam and S:OOpm, 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 mai'ling 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 Department of Environmental Quality 1601 Mail Service Center This letter completes the review of the Division of Water Resources under Section 40l of the Clean Water Ac[. If you have any ques[ions, please contact Rob Ridings at 919-707-8786. mcerery, �� Linda Culpepper, Interim Director Division of Water Resources Electronic copy only distribution: Tasha Alexander, US Army Corps of Engineers, Raleigh Field Office lason Hartshorn, Kimley-Hom File Copy En vironm en t u( Qualrty NCDWR Project No.: .4pplicanL• _ Project Name: Da[e of Issuance of 401 Waler Qualitv Cer[ification: Countv: ROY COOPER r,��,,,�,� MICHAEL S. REGAN ��.�,�,a�n,� LINDA CULPEPPER i„��, �,,, n�, << �,,, Certificate of Completion Upon completion of all work approved within the d01 Water Qualitr Czrtification ur applicable I3uffer Rules, and anp subsequent modifications, the applicant is required ro re[urn this certificate to the -101 Transportation Permittin, �IniL North Carolina Division of Water Resources. 1617 Mail Service Center, Raleigh. NC, 27699-1617. This fonn may be returned [o NCDWR by [he applicant, the applicanCs authorized agent. or lhe project enginezr. It is not necessarv to send cenifcates from all of these. .4pplicm�Ys CertificalLm �, , hereb}� state lhat, to the best of m}� abilities, due care ancl diligence was used in tlie ohservation of the construction such that [he construc[ion was observed to be buil[ H�id�in substantial compliance and intent of die d01 Wa[zr Quality Certihcaiion and Buffer Rules, the approved plans and specification�, and ulher supportinc nmterials. Si�nalure: Date: .4gen1'.c Certifrcntio�r �, _, hereby� s[alc that, to [he best of my abilifies. due care and diligence was used in the observation of the construc[ion such that lhe consiruction was observed to bz built within substantial compliance and intenl of Ihe 401 Wa[er Quality Ccrtifica[ion and Buf�fer Rules, thc approved plans and specitications, and uther supporting ma[erials. Siena�ure: Da[e: Engiweer's Cer(ifica�inn Partial Final �, , as a duly registered Professional En�ineer in the State of North Carolina, having been authorized to observe (periodically, weeklq, full time) the constniction ol'the project For the Pemiittee hereby state that, �o the best ot my abilities, due care �nd dili�_ence was used in the observatiun of the cuns�ruction such that the construciion was observed [o be buih within substantial compliance and intent of d�e 401 Water Quality Certihcation and Buffer Rules, the appruved plans and s'pecitications. and o�her supportin!, materials. Si�nature Date Reeistration No. $uue oY Vorth Carol�nu I fim-imnmenml Qualnv Inl7 M�d Szmcc Crnitr � Rulrigh_ North Carnlina'_760�)-Inl7