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Home My WebLink About20120377 Ver 2_Approval Letter_20120913��n NCDE�!R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Governor Director September 13 2012 Wake & Durham Counties DWQ Project No 20120377ver 2 TIP No U 4716 Dee Freeman Secretary MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN & NEUSE BUFFER AUTHORIZATIONS with ADDITIONAL CONDITIONS Mr Marc Hamel NCDOT Rail Division 1553 Mail Service Center Raleigh NC 27699 1553 Dear Mr Hamel You have our approval in accordance with the conditions listed below for the following revised impacts for the purpose of the Clegg Passing Siding and Hopson Road Grade Separation project in Wake and Durham Counties Revised Stream Impacts in the Neuse River & Jordan Lake Basins Site Permanent Fill in Intermittent Stream linear ft Temporary Impact in Intermittent Stream linear ft Permanent Fill in Perennial Stream lin ear ft) Temporary Impact in Perennial Stream (linear ft ) Total Stream Impact (linear ft 1 47 0 0 0 47 2 0 0 103 15 118 4 65 30 0 0 95 Total 112 30 103 15 260 ,Total Revised Stream Impact for Protect 260 linear feet Note Site 2 is Jordan Lake Basin Sites 1 3 and 4 are Neuse River Basin Revised Wetland Impacts in the Neuse River Basin Site Permanent Fill (ac) Excavation ac Mechanized Clearing (ac) Total Wetland Impact ac 1 002 002 001 005 3 001 001 0 002 Total 003 003 001 007 Total Revised Wetland Impact for Project 0 07 acres Transportation and Permitting Unit 1650 Mail Service Center Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919$07 -63001 FAX 919 -807 -6492 Internet www ncwaterouality ora An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally Revised Neuse & Jordan Riparian Buffer Impacts Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation (sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using (sq ft) (sq ft) (using 3 1 ratio) (sq ft) wetlands) 15 1 ratio) S ft) 1 4377 0 4377 N/A 2933 0 2933 N/A 2 9228 0 9228 27684 6291 0 6291 9437 4 7240 0 7240 N/A 4500 0 4500 N/A Totals 20845 0 20845 27684 13724 0 13724 9437 * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact no mitigation required Total Revised Buffer Impact for Project 34569 square feet The project shall be constructed in accordance with your application dated received April 18 2012 and modification requests received July 30 2012 and September 5 2012 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 Neuse Riparian Buffer Rules (15A NCAC 2B 0233) and Jordan Lake Riparian Buffer Rules (15A NCAC 2B 0267) 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 certification replaces the one issued April 23, 2012 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 NCDWQ 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 0242(9) And 15A NCAC 2B 0268 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 Compensatory mitigation for impacts to 9228 square feet of protected riparian buffers in Zone 1 and 6291 square feet of protected riparian buffers in Zone 2 shall be required We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Ecosystem Enhancement Program (EEP) Mitigation for unavoidable impacts to Jordan Riparian Buffers shall be provided in the Jordan lake Basin and done in accordance with 15A NCAC 2B 0267 EEP has indicated in a letter dated August 30 2012 that they will assume responsibility for satisfying the compensatory mitigation requirements for the above referenced project in accordance with the Tri Party MOA signed on July 22 2003 and the Dual Party MOA signed on April 12 2004 2 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 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 is being maintained if requested in writing by NCDWQ If this condition is unable to be met due to bedrock or other limiting features encountered during construction please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required 3 Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage Bioengmeermg boulders or structures should be properly designed sized and installed 4 For any streams being impacted due to site dewatermg activities the site shall be graded to its preconstruction contours and revegetated with appropriate native species 5 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities unless otherwise approved by this certification 6 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 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 7 Pursuant to 15A NCAC 2B 0233(6) sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by NCDWQ At this time NCDWQ 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 8 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 9 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 10 The dimension pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodplams and streams shall be restored to natural geomorphic conditions 11 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 manner that it does not impede aquatic life passage 12 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 13 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 14 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 15 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 16 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 17 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 NCDWQ 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 NCDWQ may reevaluate and modify this certification 18 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 19 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 20 The outside buffer wetland or water boundary located within the construction corridor approved by this authorization 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 21 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 a local state and federal) having jurisdiction including but not limited to applicable buffer rules stormwater management rules soil erosion and sedimentation control requirements etc 22 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 23 Upon completion of the project (including any impacts at associated borrow or waste sites) the NCDOT project manager shall complete and return the enclosed Certification of Completion Form to notify NCDWQ when all work included in the 401 Certification has been completed 24 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 25 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 26 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 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 27 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification 28 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 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 OOpm 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 Center Raleigh NC 27699 6714 Telephone (919) 733 2698 Facsimile (919) 733 3478 A copy of the petition must also be served on DENR as follows Ms Mary Penny Thompson General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If you have any questions please contact Rob Ridings at 919 807 6403 Sincerely J" - Charles Wakild Director Cc Eric Alsmeyer US Army Corps of Engineers Raleigh Field Office Beth Harmon Ecosystem Enhancement Program Chris Murray NCDOT Division 5 Environmental Officer Elizabeth Scherrer Atkins North America Inc File Copy