HomeMy WebLinkAbout20160212 Ver 1_Approval Letter_20160330Water Resources
ENVIRONMENTAI OUl�LI I Y
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March 30, 2016
Wake County
NCDWR Project No. 20160212
McCrimmon Pkwy / NC 54 Bypass
Town of Morrisville
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. Blake Mills, Director of Public Works
Town of Morrisville
414 Aviation Parkway
Morrisville, NC 27560
Dear Mr. Mills:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
extending McGimmon Parkway in Wake County:
Stream 1
Site Permanent Fill in intermittent
� Stream (linear ft)
--- ---- ------------- ----- --
I 36
--3 -- — - -- 280 --
4 20
Total � 336 �
Total Stream Impact for Project: 409 linear feet.
Wetland Im
Site � Permanent Fill
2 0.0125
ts in the Neuse River Basin
Temporary Impact to
lntermittenk Stream linear ftl
------- --�------
31
---- 42 — - --- ----
0
73
in the Neuse River Basin
nporary Fill (ac)
0.0017
I Total I 0.0125 I 0.0017 i
Total Wetland Impact for Project: 0.0142 acres.
Neuse Ri arian Buffer Im acts
Site Zone 1 Impact Zone i BufFer Mitigation Zone 2 Impact
(sq ft) Re uired (usin 3:1 ratio) (sq ft) _
1 3002 N/A 853
2 11401 34203 19556
3 1656 N/A I 1296
Total �tream Impact
_--- -- (linear ft)_--- --
b7
--- -- 322
20
409
Total Wetland Im
0.0 I 42
0.0142
Zone i Bufier Mitigation
;equired (using 1.5:1 ratio
N/A
29334
N!A
Totals i i tiC�� i 34203 I i l j 70� � 29334
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impa�t, no mitigation required
Total Buffer Impact for Project: 37764 square feet.
S[atc ot North Carolira'Environmentai Qualit} ! N'atcr Rescurces
i617 �vlail Service Center, Raleioit No�th Cerolina 27699-1617
Phore:919-8U�-630U
The project shall be constructed in accordance with your application received March 2, 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.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 vaiid soieiy for ihe 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, compensat�ry 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 11401 square feet of protected riparian buffers in Zone 1 and 19556 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 purchasing credits from the EBX Buffer
Mitigation Banks. Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River
Basin and done in accordance with 15A NCAC 2B.0295. Resource Environmental Solutions has indicated in a letter
dated February 22, 2016 that they have available credits for satisfying the compensatory mitigation requirements for
the above-referenced project. The permittee shall provide NC DWR a copy of the receipt of purchase of these
mitigation credits prior to beginning of construction.
2. lJnless otherwise appmved in this certification, placement of culverts and other stn�Gt��res u� open waters and
stre�ms, shall be place�i be�o�� the elP��ation �f the st�-Pambed hy on� feot for all c�l��erts wi±h a�iameter �reater thar.
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 the NCDWR. If this condition is unable to be met
due to bedrock or other limiting features encountered during construction, please contact the NCDWR for guidance on
how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
3. If multiple pipes or ba:rels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. [15A
NCAC 02H.0506(b)(2)]
4. 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 G2H.0506(b)(2)]
5. 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)]
6. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. [15A NCAC 2B.OZ33]
7. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be :estored to the
preconsn•�action contours and revegetated. P�Saintained buffers sl��ll be percnanently re.vegetated 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
Transportation corridor 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] .
8. Pursuant to 15A NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without �rior approval by the NCDWR. At this time, the NCDWR has �pproved no sedimer.t and
er�sion controi devi�es in Zane 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 d:scharge is released as diffuse flow.
9. 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]
10. 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)]
11. 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)]
12. 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)]
13. 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)]
14. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most �izrr�nt version of NCT�OT Construction and Maintenance Activiti�s manual such as sandbags, rock berms,
ceffPrc?ams and other divers�on strac+ur�s shall �e i�sed rQ prevent excava;inn �n flovy?:�g �=��ter. f15A NCA,.0
02H.0506(b)(3) and (c)(3)]
15. 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)]
16. 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)]
17. 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)]
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
20. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standarcis (including any requirements resulting from compliance with §303(d) of the C1ean 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] .
2i. Al. f11 s�opes located in jur:sdictianal v✓et:ands shall be placed at siopes no flatter than 3:1, unless othe:tivise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
22. A copy of th;s Water Quality Certii cation shall be maintaine� on the construet;on site at all tiznes. Iri addit�on, the
�VatQr Quaii?y C�rtification and all subsequent modificakions, if any, shall be maintained ihe nn-site prcject manager.
[I SA NCAC 02H .0507(c) and 15A NCAC 02H .�506 (b)(2) and (c)(2)]
23. 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. [ 15A NCAC 02H.0501 and .0502]
24. 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 ccntrol requirements, etc.
25. 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)]
26. Upon completion of the project (including any impacts at associated borrow or waste sites), the permittee shall
complete and return the enclosed "Certification af Completion Form" to notify the NCDWR when all work i�-�cluded in
the 401 Certification has been completed. [15A NCAC 02H.0502(fl]
27. 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 2B.0233(10)]
28. 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)]
29. 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 th� most recent v�rsion of the North Carolina Sediment and Erosion
Control Plnnnin.g _n.r.d. Design Mar.ual.
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.
30. 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 artached 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 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 petition may be faxed-provided the original and one copy of the document is received by the Office of
.�dministrative Hearir.gs witl�in five (5) business days followir.g the fa�:ed transmission.
The mailing address for the Oifice of Administ�ativ� 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 Er:vironmenta! Quzlity
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,
��
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Tasha Alexander, US Army Corps of Engineers, Raleigh Field Office
Jason Hartshorn, Kimley-Horn
File Copy
Water Resources
ENVIRONMENIAL DU,�L�IY
IYCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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ti ,111 /1�1111 IZ!�1AN
Certificate of Compietion
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, Ralei�h, NC, 27699-1617. This fonn
ma� be retur�ed to N��`J�'R �y the applicant, the applicant's autharized agent, or t"e project er�gin�er. It is not
necessa�y to send certificates from all of these.
Applicant'.s CerJifrcation
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.
Signatura: Date:
,4genYs C'er;ifrca:iari
[, , 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:
Enginee�'s Certification
Partial Final
l, , 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 �naterials.
Signature
Date
Registration No.
Sta[e of Nort?i Carolina �6m�ironmental Qualitv j N�`ate; Rzsourccs
1617 ivlail Service Center, Raleign, Norti� Caroiina 27699-1ot7
Phcne:919-E07-G300