20090566 Ver 1_Approval Letter_20090521

Beverly Eaves Perdue
Governor
AFWA
? ,ia
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
May 21, 2009
Dee Freeman
Secretary
DWQ Project # 09-0566
Johnston County
Mr. Joe Poole
Caterpillar
954 NC 42 East
Clayton, NC 27520
Subject Property:
Caterpillar Access Road
Ut to Neuse River [030402, 27-(39.7), WSIV, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Poole:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 192 linear feet of perennial stream, and 15,004 square feet of Zone 1 Neuse
River basin protected riparian buffers and 9,770 square feet of Zone 2 Neuse River basin protected
riparian buffers, as described in your application dated May 13, 2009, and received by the Division of
Water Quality (DWQ) on May 18, 2009, to facilitate development of the site for the Caterpillar Core
PDU site. After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3704 (GC3704). The Certification(s) allows you to use
Nationwide Permit(s) NW 14 when issued by the US Army Corps of Engineers (USACE). This letter
shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 213 .0233. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be.required to send us 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 conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetiands/
NonrthCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Caterpillar
Page 2 of 6
May 21, 2009
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
Stream - perennial 192 (linear feet) PCN a lication page 6 of 14
Buffers Zone 1 15,004 (square ft.) PCN application page 8 of 14
Buffers Zone 2 9,770 (square ft.) PCN application page 8 of 14
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. 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:
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 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 project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
5. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
Caterpillar
Page 3 of 6
May 21, 2009
6. Stormwater Management Plan Review and Approval for the Caterpillar Core PDDC Site
A copy of the site plan for the Caterpillar Core PDC site must be submitted to the DWQ for
review and approval prior to land disturbance on the site. Based on the site plan, the DWQ will
determine if the PDC site is high or low density based on the following criteria (per GC 3704):
Low Density: The site shall be considered Low Density if ALL of the following
criteria are met.
a. The overall site plan, excluding ponds, lakes, rivers (as specified in North
Carolina's Schedule of Classifications) and saltwater wetlands (SWL), must
contain less than 24% impervious surface area considering both current and
future development.
b. All stormwater from the entire site must be transported primarily via vegetated
conveyances designed in accordance with the most recent version of the NC
DWQ Stormwater BMP Manual.
The project must not include a stormwater collection system (such as piped
conveyances) as defined in NCAC 2B .0202,
d. Stormwater conveyances that discharge to wetlands must discharge at a
non-erosive velocity prior to entering the wetland during the peak flow from the
ten-year storm.
e. Any area within the project that has impervious surface area of 24% or greater
must be located away from surface waters and drainageways and shall drain to
surface waters and drainageways via diffuse flow. Diffuse flow measures must
be designed in accordance with the most recent version of the NC DWQ
Stormwater BMP Manual.
ii. High Density: If the site does not meet the Low Density criteria described above, it
will be considered High Density. If the site is High Density, then the DWQ will require
the submittal and implementation of an SMP in accordance with the following criteria.
a. The SMP must comply with the version of Stormwater Management Plan
Requirements for Applicants other than the North Carolina Department of
Transportation that is in place on the date of the submittal of the SMP.
b. All BMPs must be designed in accordance with the version of the NC DWQ
Stormwater BMP Manual that is in place on the date of the submittal of the SMP.
7. Permanent Sediment and Erosion Control Measures for the Caterpillar Core PDC Site
All areas on the site that shall be utilized for equipment testing shall be shown clearly on the
plans submitted in accordance with Item (6) above. In addition, the testing processes themselves
and their impacts on the natural land surface shall be described in detail. Any areas that will be
left disturbed on an ongoing basis shall be equipped with appropriate Sediment and Erosion
Control measures regardless of whether the site is considered to be High or Low Density.
Caterpillar
Page 4 of 6
May 21, 2009
8. Culvert Installation
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
(http://www.ncdot.org/doh/operations/BMP manual/download/BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
9. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities;
Caterpillar
Page 5 of 6
May 21, 2009
10. "Re-opener" Clause
Caterpillar its authorized agents shall conduct its activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal
law. Caterpillar shall require its contractors (and/or agents) to comply with all of the terms of this
Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification.
A copy of this Certification shall be included in the construction contract and available on the job
site at all times. If DWQ 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, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification,
DWQ shall notify Caterpillar and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Caterpillar in
writing, shall be provided to the United States Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions
of the 404 Permit for the project.
Mitigation:
11. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you have agreed to provide wetland mitigation for proposed wetland impacts and
wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by
the DWQ to be a suitable method to meet the mitigation requirement and additional mitigation
commitment. Until the EEP receives and clears your check (made payable to: DENR -
Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate
shall occur. The EEP should be contacted at [phone] if you have any questions
concerning payment into a restoration fund. You have 60 days from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Wetlands Restoration Fund to meet the following compensatory
mitigation requirement:
Type of Wetland Compensatory Mitigation Required River and Sub-basin Number
Stream (perennial) 192 (linear feet) Neuse/03020201
Buffer Zone 1 45,012 (square feet) Neuse/03020201
Buffer Zone 2 14,655 (square feet) Neuse/03020201
12. Culvert Baffles
Should the culvert baffles impede aquatic life passage in the future, they will need to be
retrofitted to rectify this situation.
13. 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 the attached
Caterpillar
Page 6 of 6
May 21, 2009
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sinc ly,
Coleen H. Sullins
CHS/ym
Enclosures: GC 3704
Certificate of Completion
NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Matt Matthews, DWQ Section Chief
Jeff Mann, MACTEC Engineering and Consulting, Inc., 3301 Atlantic Avenue, Raleigh, NC 27604
Robert B. Hunt, 1441 NC Highway 42 East, Clayton, NC 27527
Filename: 090566CaterpillarAccessRoad(Johnston)401_NBR