20160839 Ver 2_20160819_NCDWR401Cert_and_BufferAuth_20190515

Environmental
Quality
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
JAY ZIMMERMAN
DWR Director
September 16, 2016
Wake County
NCDWR Project No. 20160839
Panther Creek Greenway
TIP No. C-56041 A
APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Ms. Sarah Alexander,
Town of Cary
PO Box 8005
Cary, NC 27512-8005
Dear Ms. Alexander:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
the Panther Creek Creenway in Wake County:
Stream Impacts in the Cape Fear River Basin
Site
Permanent Fill in
iniermittent Stream
linear ft
Temporary Fill in
Intermittent Stream
(linear ft)
Permanent Fill in
Perennial Stream
(linear ft)
Temporary Fill in
Perennial Strewn
(linear ft
2
0
22
0
0
4
0
0
0
21
9
_
0
0
0�
18
13
20
0
0
0
Total
20
22
0
39
Total Stream Impact for Project: 81 linear feet.
Wetland Impacts in the Cape Fear River Basin
Site
Permanent Fill (ac)
Tent orary Fill ac
Hand Clearing (ac)
2
0
0.04
0 _
4
0
0.04
0
6
< 0.01
0
<0.01
',
0.01
_<0.01
0
8
0
0
<0.01
9
0
0.03
0
10
0
<0.01
0
11
<0.01
<0.01
0
Total
0.02
0.13
0.01
Total Wetland Impact for Project: 0.16 acres.
''Nothing Compares �--
State of North Caiohna I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-16 i 1
919.707-9000

Jordan Riparian Buffer Impacts
Site
Zone 1 Impact
(sq ft)
Zone 1 Buffer Mitigation
Required(using 3:1 ratio)
I
Zone 2 Impact
(sq ft)(using
Zone 2 Buffer Mitigation Required
1.5:1 ratio)
1
404
N/A
765
N/A
2
1545
N/A
2622
N/A
3
9306
N/A
13093
N/A
4
1240
N/A
924
N/A
5
3874
N/A
3131
N/A
6
40
N/A
127
N/A
9
1084
N/A
822
N/A
10
1133
N/A
598
N/A
12
1749
N/A
3374
N/A
Totals
20375
0
25456
0
* n/a = Site impact Allowable, no mitigation required
Total Buffer Impact for Project: 45831 square feet.
The project shall be constructed in accordance with your application received August 26, 2016. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval
is also valid for the Jordan Riparian Buffer Rules (15A NCAC .02B .0295). In addition, you should acquire any
other federal, state or local 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 150 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.0267. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification and any additional conditions listed below.
Conditions of Certification:
1. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities, unless
otherwise approved by this, certification. [15A NCAC 213.0267]
2 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 transportation corridor that will be subject to regular greenway
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.0267]
3 Pursuant to 15A NCAC 2B.0267 sediment and erosion control devices shall not be placed in Zone 1 of any Jordan
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.
4. The post -construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species.
[15A NCAC 02H .0506(b)(2)]
5. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters.
his water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3)]

6. 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 0213.0200]
7. 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)]
8. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)]
9. 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 maimer that it does not impede aquatic life passage. [15A
NCAC 02H.0506(b)(2)]
I 0.The Permit -tee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [ 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
11. 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)]
12. 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)]
13. All 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)]
14. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. 115A NCAC 02H.0506(b)(3)1
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
16. The pennittee 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 NCD WR 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 NCD" may reevaluate and modify this certification. [15A
NCAC 0213.0200]
17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
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 .05Q7(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 project manager
shall complete and return the enclosed "Certification of Completion Form" to notify the NCD WR when all work included
in the 401 Certification has been completed. [15A NCAC 02H.0502(f)]
23. Native riparian vegetation (Le., trees and shrubs nativc to your geographic region) must be reestablished in the
riparian areas within the construction limits of the project by the end of the growing season following completion of
construction. [15A NCAC 02B.0506(b)(2)]
24. 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)]
25. 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 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. 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 Norih Carolina Surface Mining
Manual.
d. The reciamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
26. 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 5:00pm, 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 mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Censer
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]

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 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at 919-707-8786.
Sincerely,
t S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer US Army Corps of Engineers, Raleigh Field Office
David Cooper, Ecological Engineering LLP
File Copy

Environmental
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
PAT MCCRORY
Covernoi
DONALD R. VAN DER VAART
Secretary
JAY ZIMMERMAN
DWR Director
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 this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: -------_ — -- —_—_-- -- Date: -- ___--
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
-_:-''Nothing Compares- -,
State of North Carolina I Environmental Quality
1611 Mail Service Center j Raleigh, North Carolina 27699-1611
919-707 9000