20190060 Ver 1_Approval Letter_20190312

ROY COOPER
co��.�o.
MICHAEL S. REGAN
secremry
LINDA CULPEPPER
Direcror
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NORTH CAROLINA
EnvironmenmlQual7ty
March 13, 3019
Wake County
NCDWR Project No. 20190060
SR 2713
APPROVAL of NEUSE BUFFER AUTHORIZATION wi[h ADDITIONAL CONDITIONS
Mr. Chris Johnson, PE, Town Engineer
Town of Garner
91d 7'"Avenue
Garner, NC 27529
Dear Mr. Johnson:
You have our approval, in accordance with the condi[ions lis[ed below, for the following impacts for the purpose of road
improvements [o SR 2713 (Vandora Springs Road) in Gamer, Wake County:
Site Zone 1 Impact Zone I Buffer Mi[igation Zonc 2 Impact Zone 2 Buffer Mitiga[ion
(s ft Re uired usi❑ 3:1 ratio s ft Re uired (usin L5:1 ratio)
Totals 1800 N/A I813 N/A
' Na — lbtal tor Srte is less than I/3 acre and I SU linear teet ot �mpact, no mingation reqmretl
Total Buffer Impact for Project: 3613 square feet.
The project shall be constructed in accordance with your application received January 14, 2019 and revised plans received
March 12, 2019. This approval is valid for the Neuse Riparian Buffer Rules (I SA NCAC 2B.0333). In addition, you should acquire
any other fedcral, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Wa[ershed regulations.
This approval is valid solely for the purpose and design described in your application (unless moditied below). Should your project
change, you must notify the NCDW R and submit a new application. If the property is sold, the new owner must be given a copy of
this Certitication and approval le[ter, and is [hereby responsible for complying with all the conditions. If total wedand fills for this
project (now or in the future) exceed one acre, or of total impacts to streams (now or in the fumre) 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 Ihis approval to remain valid, you mus[ adhere to the condi[ions
listed in the General Certification and any additional conditions listed below.
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North Carolina Department of Bwironmental Quabry Drvision of Water Resources
512 North Salisbury Street i 16ll Mail Service Center i Raleigh, North Carolina 2 7 699-16 17
919]07.9000
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Conditions uf Certifcation:
I. All stormwater runoff shall be direcred as sheetFlow throu,�h stream buffers at non-erosive velocities. unless otherwise approved by
this certification. [ISA NCAC 3B.0233)
2. All riparian buffers impacted by the placement oftemporary fill or clearing activities shall be restored ro[he preconstruction
contours and reve�e[a[ed. Maintained buffers shall be permanently revegetated wi[h non-woody species by the end of the growino
season followin2 comple[ion of construc[ion. For the purpose of this condition, maintained buffer areas are defined as areas within [he
transportation corridor that will be subject to reeular NCDOI� maintenance activities including mowing. The area with non-main[ained
buffers shall be permanently revegetated with native woody species before the next growing season following completion of
construc[ion. [ISA NCAC 2B.0333]
3. Pursuant to I SA NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone I of any Neuse Buffer
without prior approval by [he NCDWR. At this time, the NCDW'R has approved no sediment and erosion control devices in Zone I,
outside of the approved projec[ impacts, anywhere on this projecL Moreover, sediment and erosion control devices shall be allowed in
Zone 2 of the butlers provided that Lone I is not compromised and that discharge is released as diffuse flow.
4. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams, shall be
placed below the elevation of the streambed by one foot for all culvens with a diameter greater than 48 inches, and 20 percent of the
eulvert diameter for culverts having a diameter less than d8 inches, to allow low Flow passage of warer and aquatic life. Design and
placemen[ of culverts and other strucmres including temporary erosion control measures shall not be conducted in a manner that may
result in dis-equilibriwn of wetlands or streambeds or banks, adjacent to or upstream and down sveam of the above structures. The
applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR. Ifthis
condition is unable to be met due ro bedrock or other limitin_ features encountered during construction, please contact the NCDWR
for guidance on how [o proceed and to determine whe[her or not a permit modification will be required. [I �A NCAC 02H.0506(b)(3)]
5. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross sec[ion as closely as possible
includin: pipes or barrels at flood plain elevation and/or sills where appropriate. Widenin� the stream channel should be avoided.
Stream channel widening a[ [he inle[ or outlet end of structures typically decreases warer velocitq causing sediment deposition Iha[
requires increased maintenance and disrupts aquatic life passape. [ISA NCAC 03H.0506(b)(2)]
6. Riprap shall oot be placed in the active thalweo channel or placed in the strcambed in a manner that precludes aquatic life passage.
Bioen�ineering boulders or structures should be properly designed, sized and installed. [ I SA NCAC 02f 1.0506(b)(3)]
7. For any streams being impacted due to site dewatering activities, [he site shall be ;raded ro its preconstruction contours and
revegetated with appropriate native species. [ISA NCAC 02H.0506(b)(3)]
8. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the
stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with
native riparian species. [15A NCAC 02H.0506(b)(3)]
9. If concrere is used durin� cons[ruction, a dry work area shall be maintained to prevent direct contact between curing concrete and
stream wa[er. Water [ha[ inadvertendy contacts uncured concrete shall not be discharged to surface waters due to thc porential for
elevated pH and possible aquatic Iife and fish kills. [I SA NCAC 02B.0200�
10. During the construction of the projec[, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian
buffers. [I SA NCAC 02H.0506(b)(2)]
I I. The dimension, pattem and protile of [he stream above and below the crossing shall not be modified. Diswrbed floodplains and
streams shall be restored to natural �eomorphic condi[ions. [15A NCAC 02H.0506(b)(2)]
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North Carolina Department of Environmen[ai Quairtr Drvision of Water Resources
512 North Sahsbury Street 1617 Mail Service Center Raleigh, North Carolina 2 7 699-161 7
919707.9000
� '7

I? The use of rip-rap above the Normal High Water Mark shall be minimiced. Any rip-rap placed for stream stabilization shall be
placed in stream channels in such a manner that it does not impede aquatic life passa_e. � I SA NCAC 03H.0506(b)(3)�
13. The Permittee shall ensure [ha[ [he final design drawings adhere to the perniit and to Ihe permi[ drawings submitted for approval.
[ISA NCAC 02H .0507 (c) and ISA NCAC 0?11 .0506 (b)(2) and (c)(2)]
14. All work in or adjacent to sueam waters shall be cunducted 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 preven[ escavation in flowin� watec [ISA NCAC 02H.0506(b)(3) and (c)(3)�
15. Heavy equipment shall be opera[ed from [he banks ra[her than in [he stream channel in order to minimize sedimentation and
reduce the introduction of other pollutants into the stream. [ I SA NCAC 02f 1.0506(b)(3)]
16. All mechanized equipment operated near surface waters must be re�ularly inspected and maintained to prevent contamination of
stream waters from fuels, lubricants, hydraulic Fluids, or other toxic materials. [I>A NCAC 02H.0506(b)(3)�
17. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [ I SA NCAC
02H.0506(b)(3)]
18. Dischargin_ hydroseed mixtures and washing out hydroseeders and other equipment in or adjacen[ [o surface wa[ers is prohibited.
[ISA NCAC 02H.0506(b)(3)]
19. The permittee and i[s authorized agen[s shall conduct its activi[ies in a manner consis[ent with Sta[e wa[er quality standards (including
any requiremen[s resultin� from compliance wi[h �303(d) of the Clean Water Act) and any other appropriate requiremen[s of State and
Federal law. If the NCDWR de[ermines 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 condi[ions are necessary to assure compliance, the NCDW R
may reevaluate and modify this certifica[ion. [ISA NCAC 03B.0200)
20. A copy of this Water Quality Certifica[ion 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 mana�er. [ I SA NCAC 02H .0507(c)
and I SA NCAC 02H .0506 (b)(2) and (c)(2)]
21. The ou[side buffer, wedand or wa[er boundary located within [he construction cortidor 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 fencin� are prohibited unless otherwise authorized by this certification. � I SA NCAC
02H.OSOI and .0502]
2? The issuance of this certification does not exempt [he Permittee t}om complying with any and all statu[es, rules, regulations, or
ordinances [hat may be imposed by other governmen[ agencies (i.e. local, state, and federal) havingjurisdic[ion, including but not limited
to applicable bufler rules, stormwater management rules, soil erosion and sedimentation control requirements, etc.
23. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [ I SA
NCAC 03B.0506(b)(2)]
24. Upon completion of the project (including any impacts at associated bortow 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 [I SA NCAC 02H.0502(fl]
25. Native riparian vegetation (i.e., trees and shrubs na[ive to your geographic region) must be reestablished in the riparian areas within
the construction limits of the project by [he end of the growing season following completion of construction. [ I SA NCAC 02B.0233 ( I O)�
& [ISA NCAC 02B.0506(b)(2)]
36. There shall be no excavation from, or waste disposal into, jurisdictional wedands 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 wil l be required since [hat is a direct impact from road construction activi[ies. [ I SA NCAC 02H.0506(b)(3) and
(c)(3 )]
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North Carolina Departmen[ of Bivironmen[al Qualiry Drvision of Water Resources
512 North Salisbury Sheet 1617 Mail Service Cen[er �. Raleigh, North Carolina 27699-161 i
919707.9000
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29. Erosion and sediment control practices must be in full compliance with all specifications governino the proper desi�n, installation and
operation and maintenancc of such Bes[ Mana,ement Practices in order to protect surface waters standards [I SA NCAC 02H.0506(b)(3)
and (c)(3)]:
a. The erosion and sediment comrol measures for the project must be desianed, installed, operated, and maintained in
accordance with the most recent version of the Nordv Curulrno Sedimen� and Erosrun Control Plannn�K und Design
hl�im�ul.
b. The design, ins[alla[ion, operation, and main[enance of [he sediment and erosion control measures mus[ be such that they
equal, or exceed, the requiremen[s specified in the mos[ recent version of the Nordi Carolinn Sediment and Erosron Conu•ol
hi�murd. The devices shall be maintained on all construction sites, borrow si[es, and was[e pile (spoil) projects, including
contractoo-owned or leased borrow pits associated with the project.
c. For borrow pit sites, Ihe erosion and sediment control measures must be designed, ins[alled, operated, and maintained in
accordance wi[h the most recent version of the North ('nrolina Surface �Lfrnrng ,Llanaal.
d. The reclamation measures and implementation mus[ comply with the reclamation in accordance with the requirements of
[he Sedimenta[ion Pollution Control Act.
28. Sediment and erosion control measures shall not be placed in wedands or surface waters, or within 5 feet of the top of bank, without
prior approval from DW R. [I SA NCAC 02H.0506(b)(3) and (c)(3)]
29. When applicable, all construction activities shall be performed and maintained in fiill compliance with G.S. Chapter I 13A Article 4
(Sediment and Pollulion Control Act of 1973). Regardless of applicability of the Sediment and Pollotion Control Act, all projects shall
incorporate appropria[e Best Management Prac[ices for the control of sediment and erosion so that no violations of state water quality
standards, statu[es, or rules occur. [I SA NCAC 02H .0506{b)(3) and (c)(3) and ISA NCAC 02B.0200]
30. Design, ins[allation, opera[ion, and maintenance of all sedimen[ and erosion con[rol measures shall be equal [o or exceed the
requirements specified in the most recent version of the Nor�h Carolin�i Sedrmem �md Erosion Control h9mvacd, or for linear
transportation projects, the NCDOT SecGinen� nnd Erosion Control hlmvual.
All devices shall be maintained on all construction si[es, borrow sites, and waste pile (spoil) sites, includina contractor-owned or leased
borrow pits associated with the projecL Sufficient materials required for stabilization and'or repair of erosion control measures and
stormwater routin,and treatment shall be on sire at all times.
For borrow pit sites, the erosion and sedimen[ control measures shall be designed, installed, operated, and maintained in accordance
with the most recent version of the Norrh Carolrna SaiJace Minrng h9�mual. Reclamation measures and implementation shall comply
with the reclamation in accordance with the requirements of [he Sedimentation Pollution Control Act and the Mining Act of 1971.
Iftheprojectoccursin watersorwatershedsclassifiedasPrimaryNurseryAreas(PNAs),SA, WS-I, WS-I I,HighQuality Waters(HQW),
or Outstanding Resource Waters (OR W),then the sedimentation and erosion control desiens shall comply wi�h the requirements set forth
in ISANCAC 04B.0124, DesignS�andnrds iiaSensitive I1'atershed [ISA NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
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 tiom the office of Administrative hearings. You must file the petition with Ihe office of Administrative
Hearin�s within sisty (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 Administra[ive Hearings accepts tilings Monday through Friday
between [he hours of 8:OOam and S:OOpm, except for official state holidays. The original and one ( I) 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 Hearin�s
wi[hin five (5) business days followin� [he faxed [ransmission.
The mailing address for the Office of Administrative Hearin�s is:
Office of Administrative Hearin�s
6714 Mail Service Center
Raleigh, NC 27699-671d
Telephone: [phone]Q Facsimile: [phone]
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North Carolina Departmentof Enviromnental Qualitp Diwsion of Water Resources
512 North Salisbury Sheet �. 1617 Mail Service Cen[er i Raleigh. North Carolina 27699-1617
919.707.9000

A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of [he Division of Water Resources under Section 401 of the Clean Water Act. If you have any
questions, please contact Rob Ridings at 919-707-38T.
incerely,
Linda Ipepper, Dire tor � '
Division of Water Resources
Electronic copy only distribution:
Mark Kamprath, VHB ([e-mail])
File Copy
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North Carolina Departmen[ of Environmen[al Qualiry I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center Raleigh. North Carolina 2 7 6 99-16 17
919707.9000

ROY COOPER
co�e.�o�
MICHAELS.REGAN
Secremry
LINDA CULPEPPER
Direcror
NORTH CAROLINA
Envi�onmentnl Quality
NCDWR Project No.: County:
Applicant:
Projec[ Name:
Date of Issuance of 40I Water Quali[y Cer[ification:
Certificate of Completion
Upon completion of all work approved within the 401 Wa[er Quality Certification or applicable Butler Rules, and
any subsequent modihcations, Ihe applican[ is required ro re[urn this certitica[e to the 401 Transporta[ion Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned ro NCDWR by the applicant, the applicanCs authorized a�ent, or Ihe project engineer. II is not
necessary to send certificates from all of these.
ApplicanYs Certificalion
I, , hereby state [ha[, [o the best of my abilities, due care and diligence
was used in the observation of [he construction such that [he construc[ion was observed to be built within substantial
compliance and in[en[ of [he 401 Water Quality Certifica[ion and Buffer Rules, the approved plans and
specifications, and other supportin� marerials.
Signature: Date:
Agent's Cerlifieulion
1, , hereby state that, to the best of my abilities, due care and dilivence
was used in the observation of the construction such tha[ [he construction was observed to be built within substantial
compliance and in[ent of [he 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Si�na[ure: Da[e:
Engineer's Certifreation
Partial Final
1, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized [o observe (periodically, weekly, full [ime) the construction of the project for the
Permittee hereby state that, to the bes[ of my abilities, due care and diligence was used in the observation of the
construc[ion such [hat [he construc[ion was observed to be buil[ within subs[an[ial compliance and in[ent of Ihe 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and o[her supporting ma[erials.
Signa[ure
Date
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Regis[ra[ion No. _ __
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury 5[reet i 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.7079000
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