The URL can be used to link to this page

Home My WebLink About20220165 Ver 1_20220165-401.docx_20220207 DocuSign Envelope ID:9F47B07F-BC56-44FB-B100-364C61100D85 M STATE ROY COOPER .. — Governor ELIZABETH S.BISER * �"s n� , Secretary QL" S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality February 7, 2022 DWR#20220165 Durham County Mr. Brandon H.Jones, PE, Division Engineer NCDOT Division 5 2612 North Duke Street Durham, NC 27704 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS NCDOT Project 51215.201Z: SR 1800 Emergency Pipe Removal, Durham County Dear Mr.Jones: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) February 3, 2022. These impacts are covered by the attached Water Quality General Certification Numbers 4132 and 4275 and the conditions listed below. This certification is associated with the use of Nationwide Permit Numbers 3 and 57 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the General Certification and to the additional conditions below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Wetland Impacts in the Neuse River Basin Site Mechanized Clearing (ac) Roadway Access 0.028 Utility Access 0.046 Total 0.074 Total Wetland Impact for Project: 0.074 acres. Open Water(Lake)Impacts in the Neuse River Basin Site Permanent Impact to Open Waters (ac) Temporary Impact to Open Waters (ac) Total 0.09 0.11 Total Open Water Impact for Project: 0.20 acres. O-e DE � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 NORTH CAROLINA �w Mm immmviGWKY /"l 919.707.9000 DocuSign Envelope ID:9F47B07F-BC56-44FB-B100-364C61100D85 This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the general Water Quality General Certification or with the conditions listed below, you must notify the DWR Transportation Permitting Branch within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Division of Water Resources any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday)from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. To minimize turbidity and sediment in surface waters, NCDOT shall make thorough use of multiple turbidity curtains, as described in your application. Project personnel shall routinely check the turbidity curtains, including after rain events, to ensure that minimal turbidity escapes the containment area. If significant turbidity is observed beyond the perimeter of the curtains,the project shall be temporarily halted until corrective action can be made. NCDOT shall notify the Division of Water Resources within 24 hours of containment failure. [15A NCAC 2H.0506(b)(3) and (c)(3)] 2. The permittee shall use Design Standards in Sensitive Watersheds (15A NCAC 413.0124) in areas draining to Water Supply Critical Area (CA)waters. 3. Wetland areas impacted by temporary clearing shall be stabilized and reseeded with native wetland seed. [15A NCAC 2H.0506(b)] 4. The channel shall be excavated no deeper than the natural bed elevation of the surface water,to the maximum extent practicable. Efforts must be made to minimize impacts to the banks, as well as to vegetation responsible for maintaining the bank stability. Any applicable riparian buffer impact for access to channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)] 5. 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)] 6. Heavy equipment shall be operated from the banks to the maximum extent practicable rather than in the channel in order to minimize sedimentation and reduce the introduction of other pollutants into surface waters.Any operations in surface waters shall be minimized. [15A NCAC 02H.0506(b)(3)] 7. 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)] QEQ2�5 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 NORTH CA... &«�� •� /"� 919.707.9000 DocuSign Envelope ID:9F47B07F-BC56-44FB-B100-364C61100D85 8. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 9.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 0213.0200] 10. 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 Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 11.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] 12.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. 13.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)] 14. Upon completion of the project(including any impacts at associated borrow or waste sites), the NCDOT Division Engineer 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)] 15.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) 16. 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. QEQ2�5 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 NORTH CA... &«�� •� /"� 919.707.9000 DocuSign Envelope ID:9F47B07F-BC56-44FB-B100-364C61100D85 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. 17. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable they shall be removed and the natural grade restored upon completion of the project. [15A NCAC 02H.0506(b)(3) and (c)(3)] 18. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .05061b)(3) and (c)(3) and 15A NCAC 02B .02001 19. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites,the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Water Supply Critical Area, then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Please be aware that by having impacted waters without first applying for and securing the issuance of a 401 Water Quality Certification,you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation. QEQ2�5 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 NORTH CA... &«�� •� /"� 919.707.9000 DocuSign Envelope ID:9F47B07F-BC56-44FB-B100-364C61100D85 This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH)within sixty(60)calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Rob Ridings at rob.ridings@ncdenr.gov or 919-707-8786 if you have any questions or concerns. Sincerely, E DOCUSignned by: VYt W 1.�,(,L�PY1(AJf�. 9C9886312DCD474_. S. Daniel Smith, Director Division of Water Resources cc: Andy Williams, USACE Raleigh Regulatory Field Office Chris Murray, NCDOT Division 5 Project Delivery Unit Heather Montague, NCDOT Division 5 Environmental Officer Travis Wilson, NC Wildlife Resources Commission File Copy North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center Raleigh,North Carolina 27699-1617 oaa.nmci or enriunmemai u.uq 919.707.9000