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Home My WebLink About20160071 Ver 2_NCDWR_BufferApproval_Received20160223_20180515Water 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