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Home My WebLink About20190170 Ver 1_Approval Letter_20190225aov cooPeR Govemor MICHAEL S. REGAN Secrelmy LINDA CULPEPPER UI/PC(V! h, STAT3 WP� ` � w�� i,��} �� n � a �`%r!': a2 ; ♦�i "�"-'M1�" NORTH CAROLINA Emironmental Quality February 35, 2019 Wayne County NCDWR Project No.20190170 Stony Creek Greenway I IP No. EB-5707 APPROVAL of NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr. [3obby Croom, P.E., Traftic Engineer City of Goldsboro P.O. Drawer A Goldsboro, NC 27533 Dear Mr. Croom: You have our approval, in accordance with die conditions listed below, for the following impacts for the purpose of the Stony Creek Greenway in Goldsboro, Wayne County: Neuse Riparian Buffer ImpaMs Site Zone I Impac[ Zone I Buffer Mifigation Zone 2 Impact Zone 2 Buffer Mitiga[ion s ft) Rc uired (using 3:1 ratio) (s ft Re uired usin I.5:1 ratio To[als 0 0 26a8 N/A ^` ma— [.one 1 urecnway impacis — tiuowaoie: rvo mmgauun ncywreu. Total Buffer Impact for Projec[: 2648 syuare feet. fhe projec� shall be constructed in accor�iance with your application received February 4, 2019. This approval is valid for the Neuse Riparian Buffer Rules ( I SA NCAC 2B.0233). In addi[ion, you should acquire any other �ederal, state or local pennits before you proceed with your projeet including (but not limited [o) 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 must notify the NCDWR and submit a new application. Ifthe property is sold, the new owner must be given a copy of this Cettification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland �ills for Ihis project (now or in the future) exceed one acre, or of total impacts [o streams (now or in the futin'e) exceed I50 linear feet. compensatory mitigation may be required as described in I SA NCAC ?H .0506 (h) (6) and (7). Additional buffer impacts may require compensa[ory mitigation as described in I SA NCAC 2B.0233. For this approval to remain valid, you must adhere to Ihe conditions listed below. �....., � Q�,� North Carolina Department of 6iwronmentai Quahry I Dwision of Water Resources 512 North Salisbury Street I l6ll Mail Service Cen[er I Raleigh, North Carolina 27699-1617 919.707.9000 � Conditiuns uf Cer[ification: I. All srormwater runoff shall be directed as sheettlow Ihrough sh�eain buflers at non-erosive velocities, unless otherwise approved by this certitication. �ISA NCAC 28.0233] 2. All riparian butTers impacred by Ihe placement of ternporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanendy revegetated with non-woody species by the end of the growing season following completion ofconstruction. For the purpose ofthis condition, maintained buft�er areas are defined as areas within the transportation corridor Ihat will be subject to regular greenway corridor maintenance aciivities including mowing. The area with non- maintained buffers shall be permanently revegetated with native woody species before the next growing season following completion ofconstruc[ion. [ISANCAC3B.0333] 3. Pursuant to ISA NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone I of any Neuse k3uffer without prior approval by the NCDWR. At this time, lhe NCDWR has approved no sediment and erosion control devices in Lune I, outside of Ihe approved project impxets, anywhere on this project. Moreuver, sediment and erosion control devices shall be allowed in Zone 2 ofthe buffers provided that Zone I is not compromised and that discharge is released as diffuse Flow. 4. If concrete is used during construc[ion, a dry work erea shall be maimained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concre�e shall not be discharged to su�iace wa[ers due to the potential for elevated pH and possible aquatic life and tish kills. � I SA NCAC 02B.O�OOJ 5. During the construction of [he project, no staging of equipment of any kind is pennitted in waters of [he U.S., or protected riparian buffers. [ISA NCAC OZH.0506(b)(2)J 6. Disturbed Floodplains and streams shall be restored tu natural geomorphic conditions. � I SA NCAC 02H.0506(b)(2)J 7. The Permittee shall ensure that the tinal design drawings adhere to the permit and to the permi[ drawings submitted lor approval. �I SA NCAC 03H .0507 (c) and ISA NCAC 02H .0506 (b)(2) and (c)(3)J 8. All work adjacen[ to stream waters shall be conducted in a dry work area. Approved l3MP measures f�rom [he most curren[ version of NCDOT Construc[ion and Mainrenance Activitics manual such as sandbags, rock berms, cofferdams and o[her diversion s�ructures shall be used tu prevent excavation in �owin� water. �ISA NCAC 02H.0506(b)(3) and (c)(3)� 9. Heary equipment shall be operated from the banks rather than in the s[ream channel in order to minimize sedimentation and reduce the introduction of other pollutan[s into the stream. � I SA NCAC 03H.0506(b)(3)� 10. All mechanized equipmen[ operated near surface waters must be reaularly inspec[ed and maintained ro preven[ contamination of stream waters from fuels, lubricants, hydraulic Fluids, or o[her toxic materials. [ I SA NCAC 02H.0506(b)(3)J I I. No rock, sand or other materials shall be dredged from [he sVeam chamieL � I SA NCAC 03H.0506(b)(3)J L'. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in ur adjacent to surface waters is prohibited. � I SA NCAC 03H.0506(b)(3)� 13. The permittee and its authorized agents shall conduct its ac�ivities in a manner consistent with State water quality atandards (including any requirements resulting from compliance with j303(d) of the Clean Wa�cr Act) and any other appropriare requirements of State and Federal law. If the NCDWR determines that such stendards or laws are not being met (including the failure [o sustain a designated or achieved use) or that State or federal law is being violatcd, or that further uonditions are necessary to assure compliance. the NCDWR inay reevaluate and modify this certillcation. � I SA NCAC 02B.0200J ' 14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Waier Quality Certitication and all subsequent muditications, if any, shall be main�ained with the the on-site project managec � I SA NCAC 0'_H .0507(c) and I SA NCAC 02H .0506 (b)('_) and (c)(3)� ��D_EQ� �� North Carolina DeUarOnent of Bivironnwn[ai Qualiry �, Drvision of Water Resources 512 North Salisbury Stree[ I 1617 Mail Serviue Center I Raleigh, North Carolina 27699-1617 919.70 7.9000 I5. The outside bidier, wetland or water boundary located within the construction corridor approved by this authorication, ineluding all non-commercial borrow and waste sites associated with the project, shall be clearly marked by highly visible tenciog prior [o any land disturbing ac[ivities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certi�ication. �ISA NCAC 03H.0501 and .0503] 16. The issuance of this certification does not exempt Ihe Permittee from complyin�� with any and all statutes, rules, regulations, or ordinances [hat may be imposed by other government agencies (i.e. local, state, and federal) havingjurisdiction, including but no[ limited to applicable butler rules, s[onnwater management rules, soil erosion and aediinen�ation control requirements, etc. 17. The Permittee shall report aoy violalions of this certification to [he Diviaion of Water Resources within 24 hours of discovery. � I SA NCAC 0313.0506(b)(2)J I8. Upon completion ofthe project (including any impacts at associated burrow or waste si�es), the pennittee shall complete and return the enclosed "Certitication of Comple�ion Form" [o notify the NCDWR when all work included in the 401 Cenitication has been completed � I SA NCAC 02H.0502(f)f 19. Native riparian vegetation (ex. list herbaceous. �rera, and shrubs na�ive [u your geographic region) mus[ be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. [ I SA NCAC 02B.0233(10)] & �ISA NCAC OZB.0506(b)(Z)] 30. There shall be no excavation Gom, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads tu waste or borrow sites, be located in wetlands or sU'eams, compensatory mitigation will be required since that is a direct impact Irom road eonstruction activities. � I SA NCAC 0"_'H.0506(b)(3) and (�)(3)] 21. Erosion and sedimen[ control practices must be in full coinpliance with all specifications governing Ihe proper design, installa[ion and operation and maintenance of such Best Manageinent Praetices in order to protect surlace wa[ers standards [ I SA NCAC 03H.0506(b)(3) and (c)(3)J: a. l�he erosion and sedimem conu�ol measures for the project must be designed, installed, operated, and maintained in accordanee with the most recent versiun of the Na��h Crirulinci Sedimen� und E��osion Cuntrol Plunning und Dc.siKn hfnnanl. b. The design, ins[allation, operation, and maintenance of the sedimenl and erosion control measures must be such that they equal, or exceed, Ihe requirements specif ied in the most recent version of the Nor�h Carolin« Sediment ond b�rosion Conirol M1lnnnnl. The devices shall be maintained on all construction sites, borrow sitea, and wasre pile (spoil) projec[s, including con[racror-owned or leased borrow pits associated with ihe project. a For borrow pit sites, the erosion and sedimeni control measures must be designed, ins[alled, operated. and maintained in aceordance with the most recent version of the Noi�ih Curulino Siu/cice hfining Afonuol. d. The reclamation measures and implementation must comply with the reclamatiun in aeeordanee wi[h the requiremen[s of the Sedimentation Pollution Conu�ol Act. 22. Sediment and erosion control measures shall no[ be placed in wetlands or sur(ace waters, or within 5 teet of the top of bank, without prior approval from DWR. �ISA NCAC 02H.0506(b)(3) and (c)(3)J 23. When applicable, all construction activities shall be performed and main[ained in full compliance with G.S Chapter I 13A Article 4 (Sediment and Pollution Con(rol Act of 1973). Regardless of applicability of the Sediment and Pollu�ion Control Act, all projects shall incorporate appropriate E3est Management Practices fur the control of sediment and erosion so that no violations of state water yuality standards, statutes, or ru les occuc � I S A NC AC 02 H.0506 ; 6)(3 ) and (c)(3 ) and I S A NCAC 02 B.0300J D_E Q�,� v_.._.,�.._..�� North Carolina Departinen[ of Biwronmentdl Qudhry', Drvision of Water Resources 512 North Salisbury Stree[ I 1617 Mail Service Center I Raleigh, North Carolina 27699�1617 919.707.9000 24. Design, installation, operation, and maintenance of all sediment and erosion conlrol measures shall be equal to or exceed the requirements s'pecified in the most recent vers'ion of the Noi�th Curulina Sedimeni nnd F.rusiun Conb�ol Mmvanl. or for linear transporlation projects, [he NCD(JT Sedimery and Erosion CunUvl Poi�ma�ol. All devices shall be main[ained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pi[s associated with the project. SuCficien[ ma�erials required for stabiliza[ion and/or repair of erosion control measures and stormwa[er routin, and Ireatment shal I be on site at all times. For borrow pit sites, the crosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recen[ version of [he No�•th C<molinu Sarfhce hiininx M1lnnaul. Reclamation measures and implementation shall wmply wi[h the reclama[ion in accordance wi[h the requirements of lhe Sedimentation Pollu[ion Control Ac[ and the Mining Act of 1971. � I SA NCAC 02H.0506(b)(3) and (c)(3); GC 4135] If you wish to contest any statement in the attached Certification you must tile a petition for an administrative hearing. You may ob[ain the petition form from the oftice of Administrative hearings. You must tile the peti[iun with the oftice of Administrative Hearings within sixty (60) days of receip� of Ihis notice. A petition is considered filed when it is received in the oftice of Administrative Hearings during normal office hours. The Ofiice of Administrative Hearings accepts tilings Monday through Friday between the hours of B:OOam and S:OOpm, except for ofticial state holidays. l�he original and one ( I) copy of [he petition must be tiled with the Oftice of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by [he Oftice of Administrative t learings within five (5) business days following the faxed transmission. The mailing address for the Oftice of Administrative Hearings is: Office of Administra[ive Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Pacsimile: (919) 431-3100 A copy of the petition must also be served on DF,Q as follows: Mr. Bill F. Lane, General Counsel Departmen[ of Environmen[al Quality 1601 Mail Service Cen[er This le[ter completes [he review of the Division of Water Resoumes under Section 401 of the Clean Water AcL If you have any questions, please contact Rob Nidings at 919-707-3873. Sincerely, � (�/2��c1 I,mda Culpepper, Director Division of Water Resources Elec[ronic copy only distribution: NC Division of Water Resources Washingtun Regional Oftice File Copy �., � Q�,� North Carolina DeUartment of Envuonmental Quahty �, Division of Wa[er Resources 512 North Salisbury Stree[ I 1617 Mail Service Center I Raleigh, North Caiolina 27699-16ll 919707.9000