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Home My WebLink About20191250 Ver 1_Approval Letter_20191008DocuSign Envelope ID: 903ABF99-060A-47D5-B917-4CDD8lA63DCC ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality October 7, 2019 Orange County NCDWR Project No. 20191250 Elliott Road Extension Mr. Lance Norris (lnorris@townofchapelhill.org) Town of Chapel Hill 6850 Millhouse Road Chapel Hill, North Carolina, 27516 APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN LAKE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Dear Mr. Norris: Approval is granted, in accordance with the conditions listed below, for the following impacts to extend Elliott Road over Booker Creek in Orange County. Stream Im acts in the Cape Fear River Basin Site Temporary Impacts in Perennial Stream (linear feet) Permanent Impacts in Perennial Stream Due to Culvert (linear feet) Permanent Impacts in Perennial Stream Due to Bank Stabilization (linear feet) Permanent Impacts in Intermittent Stream Due to Road Crossing Total Stream Impacts (linear feet) S 1 -- 43 -- -- 43 S2 -- -- 53 -- S3 15 -- -- -- S4 7 -- -- -- S5 -- 23 -- -- S6 -- 30 -- -- S7 -- -- 39 -- S8 19 -- -- -- S9 -- -- -- 90 Totals 41 96 92 90 319 Total Stream Impacts for Project: 319 linear feet D Q �� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1611 11 NORTH CAROLINA i nwr'.m o' enw-Wftvi, �� 919.707.9000 DocuSign Envelope ID: 903ABF99-060A-47D5-B917-4CDD81A63DCC Jordan Lake Riparian Buffer Impacts Zone 1 Zone 2 Zone 1 minus Zone 1 Buffer Zone 2 minus Wetlands Zone 2 Buffer Site Impacts Wetlands Buffers Mitigation Impacts in Buffers Mitigation (sqft) in Zone 1 (sqft) Required (sqft) Zone 2 (sqft) Required (sqft) (using 3:1 (sqft) (using 1.5:1 ratio) ratio S1 6,687 -- 6,687 -- 1,771 -- 1,771 -- S2 1,714 -- 1,714 -- 256 -- 256 -- S3 4,686 -- 4,686 -- 2,708 -- 2,708 -- Totals 13,087 -- 13,087 -- 4,735 -- 4,735 -- Total Buffer Impact for Project: 17,822 square feet The project shall be constructed in accordance with your application dated and received September 19, 2019. After reviewing your application, it has been determined that these impacts are covered by General Water Quality Certification Number 4135. This certification corresponds to Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for Jordan Lake Riparian Buffer Rules. [I 5A NCAC 2B .0267] Additionally, 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 300 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the certification and any additional conditions listed below. Conditions of Certification: Project Specific Conditions All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities, unless otherwise approved by this certification. [15A NCAC 2B.02671 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 this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT 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 213.0267] DocuSign Envelope ID: 903ABF99-060A-47D5-B917-4CDD81A63DCC General Conditions 1. As a condition of this 401 Water Quality Certification, if bridge demolition occurs now or in the future, the bridge demolition must be accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for Construction and Maintenance Activities. [ 15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 2. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. [15A NCAC 02H.0506(b)(2)] 3. 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)(2)] 4. 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 02B.0200] 5. 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)] 6. 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)] 7. The use of riprap above the Normal High -Water Mark shall be minimized. Any riprap 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)] 8. The Permittee 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)] 9. 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)] 10. Heavy equipment shall be operated from the banks rather than in the stream channel to minimize sedimentation and reduce the introduction of other pollutants into the stream. [I 5A NCAC 02H.0506(b)(3)] 11. 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)] 12. 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)] DocuSign Envelope ID: 903ABF99-060A-47D5-B917-4CDD8lA63DCC 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [ 15A NCAC 02H.0506(b)(3)] 14. The Permittee 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 NCDWR 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 NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 15. 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)] 16. A copy of this Water Quality Certification shall be maintained on the construction site always. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 17. 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] 18. The issuance of this certification does not exempt the Permittee from complying with 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. 19. 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)] 20. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or whomever is the authorized agent if a non-NCDOT project) 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. [15A NCAC 02H.0502(f)] 21. Native riparian vegetation (i.e., trees and shrubs native 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)] 22. 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 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)] 23. 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 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. DocuSign Envelope ID: 903ABF99-060A-47D5-B917-4CDD8lA63DCC 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 North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 24. 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)] 25. 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 Energy, Mining and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. [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 8:00am 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, providing 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 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. Bill F. Lane, 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 April Norton at 919-707-9111 or April.Norton(a)ncdenr.go . Sincerely, DocuSigned by: C*4P "_0_ 9C9886312DCD474... Linda Culpepper, Director Division of Water Resources Electronic copy only distribution: Samantha Dailey, Corps, Raleigh Regulatory Office William Sullivan, Kimley-Horn April Norton, NCDWR, Central Office DocuSign Envelope ID: 903ABF99-060A-47D5-B917-4CDD8lA63DCC ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NCDWR Project No.: Applicant: Project Name: NORTH CAROLINA Environmental Quality Date of Issuance of 401 Water Quality Certification: County: 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: Agent's Certification Date: 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: 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 Date Registration No. D Q �� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1611 11 NORTH CAROLINA i n.p Q,o,enw-g WIKV �� 919.707.9000