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Home My WebLink About20160110 Ver 1_Approval Letter_20160304Water Resources ENVIRONMENTAL OUtaLi�Y Site 1 2a 2b E':�l �I(�C�{Z(�ILI I)O'�'�\I.I) k. �" 1N !)I�:IZ V�:1;�IZ"I� �. JAY "l,1MMI;RMAN March 4, 2016 Wake County NCDWR Project No. 201601 10 Bridge 132 on SR 2052 State Project No. 17BP.S.R.47 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZAT[ON, with ADDITIONAL CONDITIONS Mr. J. Hopkins, P.E., Division Engineer NCDOT, Division 5 2612 North Duke Street Durham, NC 27704 Dear Mr. Hopkins: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 132 and upgrading SR 2052 in Wake County: Stream Im�acts in_the Neuse River Basin __ Permanent Fill in �Riprap Stahilization T TemQorary � Rinrap Intermitteni Stream to Intermittent Dewatering in Stabilization to (linear ft) Stream Intermittent Stream Perennial Stream (linear ft) (linear ft) (linear ft) 0 0 0 191 11 47 47 0 0 14 4 0 Total I 11 I 61 I 51 Total Stream Impact for Project: 319 linear feet. Site I 2a 2b Totals 191 Temporary �ewatering in Perennial Stream (linear ft) 5 0 0 Neuse Ri arian Buffer fm acts Zone 1 Impact Zone 1 Buffer Mitigation Required Zone 2 Impact Zone 2 Buffer Mitigation (s ft) (usin 3:1 ratio) (s ft) Re uired (usio 1.5:1 ratio 10300 N/A 4988 N/A 6564 N/A 807 N/A 854 2562 2260 3390 17718 2562 8055 3390 * n/a = Impact Allowable, no mitigation required Totai Buifei- Impa�t for i'roject: 25773 square feet. State of North Carolina'iL-nvironmental Quality '� Water Rescurces i617 Mail Service Center, Raleiyh, North Carolina 27699-1617 Phcne y19-80'-63UG The project shall be constructed in accordance with your application received February 4, 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 Neuse Riparian Buffer Rules (15A NCAC 2B.0233). 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 ihe pu�pose and design descr•ibed 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 proj ect (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.0233. 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 854 square feet of protected riparian buffers in Zone 1 and 2260 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 Division of Mitigation Services (DMS) (formerly NCEEP). Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done in accordance with 15A NCAC .02B .0295. The DMS has indicated in a letter dated January 26, 2016 that they will assume responsibility for satisfying the compensatory mitigation requirements for the above-referenced project, in accordance with DMS's Mitigation Banking Instrument signed July 28, 2010. 2. 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 .05061b)(2) ] 3. As a condition of this 401 Water Quality Certification, the bridge demolition and construction 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)] 4. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 5. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)] 6. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3)] 7. .� turbidity curtain will be instalied in the stream if driving or drilling activities occur within tne stream channel, on the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H .0506(b)(3) ] 8. 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 423 inches, and 20 pereznt of the cu(vert diameter for culverts having a diameter Iess than 48 incnes, to al"low iew flcw 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 aUove structures. The a�rlicant is required to pravide evidence that the equilibrium is being maintained if requested in writing by th� NCDWR If this condition is u;►able to be met due to bedrock ar other limiting features encountered during construction, please contact the 1`TCDWR for guidance on how to proceed and to c�ete_�-mine whether or not a pertnit modification will be required. f 15A NCAC 02H.0506(b)(2)] 9. 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)] 10. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)] 11. Ail stormwater runoff shall be directed as sheetflow ihrough sh•eam buffers at non-erosive velocities, unless otherwise approved by this certification. [15A NCAC 2B.0233] 12. 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. [15A NCAC 2B.0233] 13. 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 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. 14. 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] 15. 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)] 17. T_h,e dimension, pattern anc! profile ef rhe stream abo��e ar� belew th� yrossing shall r.n± �� modified. �isturbed floodplains and streams shall be restored to natural geomorphic conditions. �15A NCAC 02H.0506(b)(2)] 18. 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. [15A NCAC 02H.0506(b)(2)] 19. 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 I SA NCAC 02H .0506 (b)(2) and (c)(2)] 20. 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)] 21. 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)] 22. 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)] 23. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certitication. [15A NCA� 02H.U505(bj(3 j] 24. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCA� 02H.0505(b)(3)] 25. The permittee and its authorizPd agents shall conduct its activities in a manner consistent with State v�ater quality stan�ards (including any requirements resulting from compiiance 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] 26. A copy of this Water Quality Certification shal] 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)] 27. 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. [I SA NCAC 02H.0501 and .0502] 28. 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, storniwater management rules, soil erosion and sedimentation control requirements, etc. 29. 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)] 30. 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(fl] 31. 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.0233(10)] 32. 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 locatPd ir wetlands or streams, com�;er.satery miti�ation will be reqt�ired sir.ce that is a dire�t impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)] 33. 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 Mana�a[. 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. 34. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this CEriification. [ 1 �A NCAC 02H.0506(b�(3 j and (c)(3)� [f 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 oftice of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S: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 petiiion may be faxed-provided the original and one copy ur tne document is received by the Ofiice 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. 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. [f you have any questions, please contact Rob Ridings at 919-707-8786. Sincerely, �� S. Jay "Limmerman, Director Division of Water Resources Electronic copy only distribution: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Chris Murray, Division 5 Environmental Officer Beth Harmon, Division of Mitigation Services File Copy Water Resources ENVIRONMENTAL OUnLIlY NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: COUlltj': I':� I ,Ail�( IZ(�IZI� �)�)'V�:��,�� . ��r1�' �)� �Z � .��1��V � ti. J -�Y 'I,IMM}iRMnN 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 Certifccation 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. Sigr�atu� e: Da�e: �fgen.'s Certifrcation !, � , 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: Engineer's Certifrcation Partial Final 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. DatP State of North CarolinT'Emironmental Quality W�ter Rcsources 1"017 Mail Service Cenier, Raleigh, North Carolina 27699-io17 Phene:919-80i-630C�