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Home My WebLink About20140277 Ver 2_Approval Letter_20170814Environmentaf Quality ROY COOPER corrrnor MICHAEL S. REGAN Sec'i'erm�r S. JAY ZIMMERMAN rn��«��>. August 14, 2017 Orange Coonty NCDWR Project No. 20140277 V. 2 Rogers Road Sidewalk Project TIP/State Project No. U-4726DD Federal Project No. STPDA-0702(22) APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN LAKE WATERSHED BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mc Na[e BromamFulks, Assistan[ Town Manager Town of Carrboro 301 Wes[ Main Street Carrboro, NC 27510 Dear Mr. Broman-Fulks: You have our approval, in accordance wi[h the condi[ions lis[ed below, for the following impacts for constructing an approxima[e 5-foot wide, 5,700 feet long concrete sidewalk as part of a pedestrian cirwlation network in [he Town of Carrboro in Orange County: Stream Impacts in the Cape Fear River Basin Permanent Temporary Strcam Fill (culvert) �� Total Stream Impacts Site in Perennial �dewatering) �mpact Requiring in Perennial Stream Stream ��nearft) Mitigation (1 i near ft) (I i near ft) linear ft SI 9 9 0 S2 13 13 0 S3 9 9 0 S4 Il II 0 TOTAL 18 24 42 0 Site Wl W2 Totals Total Stream Impact for Projech 42 linear feet. Wetland Imoacts in the Cape Fear River Basin Fill (ac) <0.01 <0.01 Mechanized Total Wetland Clearing(ac) Impact(ac) <0.01 <0.01 Total Wetland Impact for Project: <0.02 acres. `�'Nnthing Campares -- . Stare o(Nonh Carolina I Environmen[al Qualiry 1617 Mail Service Center � Raleigh, North Carolina 2 7699-1 6 1 7 I m pacts Requiring Jordan Lake Watershed Ri arian Buffer Im acts Zone 1 minus Site Impact Wetlands (sq ft) in Zone 1 (sq ft) B1 1,270 - B2 977 - Totals 2,247 0 Zone 1 = Zone 1 Buffer Zone 2 Buffers (not Mitigation Impact wetlands) Itequired (sq ft) (sq ft) (using 3:1 ratio 1,270 0 811 977 0 567 minus = Zone 2 Wetlands Buffers (not in Zone 2 wetlands) (sq ft) (sq ft) 2,247 � 0 � � 1,378 � 0 Total Buffer Impact for Project: 3,625 square feet. 811 567 Zone 2 Buffer Mitigation Required (using 1.5:1 ratio) 0 0 0 The project shall be constructed in accordance with your application dated August 4, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4088. This certification corresponds to Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Jordan Lake Watershed 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 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). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B .0267. For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. Condition(s) of Certification: Project Specific Conditions 1. For the 24 linear feet of streams impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. General Conditions 1. 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 downstream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR for guidance on how to proceed and to determine whether a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 2. 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 fsh kills. [15A NCAC 02B.0200] , 3. 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)] 4. 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)] 5. 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)] 6. 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)] 7. 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)] 8. 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)] 9. 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)] . 10. 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)] 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 12. 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] 13. 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)] 14. 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)] 15. 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] 16. 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. 17. 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)] 18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or appointee) 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] _ 19. Native riparian vegetation 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.0267(10)] 20. 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)] 21. 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 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. 22. 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 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 kiours. 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 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 Ietter completes the review of the Division of Water Resouroes under Section 401 of the Clean Water Act. If you have any ques[ions, please contact April Norton a[ (336)776-9703 or April.Norton(a�ncdencv�ov. Sincerely, !�.� C �11��.,� � � , S. Jay Z.immerman, Director Division of Water Resources Electro�ic copy only distribution: Samantha Dailey, US Army Corps of Engineers, Raleigh Field Office Scott Davis, Axiom Environmental, Inc. Alexander (Sandy) Smith, Axiom Environmental, Inc. File Copy Environmentul QUQ�f l}� NCDWR Project No.: Applicant: Project Name: Date of Issuance of 40t Water Quality Certification: County: ROY COOPER Gorernor MICHAEL S. REGAN Secre�arr S. JAY ZIMMERMAN On�ecto�� Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifica[ions, the applican[ is required to return [his 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 applicanYs authorized agent, or the project engineec It is not necessary to send certificates from all of these. Applicnnt's Certiflca/ion I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such tha[ the construction was observed [o be built within sobstantial compliance and in[ent of the 401 Water Qoality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: _ . _ __ Da[e: AgenPs Certifrcation I, _ , hereby state that, to the best of my abilities, due care and diligence was osed in the observation of the construction soch 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 Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) Ihe construction of the project for the Permittee hereby sta[e Ihal, to the best of my abilities, due care and diligence was used in the observation of the construc[ion such that the wnstroetion was observed to be built within sobs[an[ial eompliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans a�d specifications, and o[her supporting materials. Signature Date Registration No. '"Noihinq Compares — _ State ofNorth Carolina I Environmcnlal Quality 1617 Mafl Servfce Center I Raleigh, North Cemlina 27699-1617