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HomeMy WebLinkAbout20071470 Ver 2_Approval Letter_20100505A MA NCDEE R North Carolina Department of Environment and Natural Resources Division of Water Quality Be?,erly Eaves Perdue - Coleen H. Sullins Dee Freeman Govemor Director Secretary I May 5, 2010 Steven D. DeWitt, P.E., Chief Engineer North Carolina Turnpike Authority, 1578 Mail Service Center j Raleigh, North Carolina, 27699-1578 Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and JORDAN BUFFER RULES, with ADDITIONAL CONDITIONS for Proposed Western Wake Freeway INC 540) in Wake County, Federal Aid Project No. BRSTP-OOOS(491), State Project No. 6.408006T, TIP No. R-2635. DWQ Project No. 20071470 ver. 2. Dear Mr. DeWitt: Attached hereto is a modification of Water Quality Certification No. 3734 issued to The North Carolina Turnpike Authority (NCTA) dated September 22, 2008. If we can be of further assistance, do not hesitate to contact us. Sincerely, Vllins Director Attachments cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Shannon Sweitzer, NC Turnpike Authority Chris Murray, NCDOT Division 5 Dr. Gregory J. Thorpe, NCDOT PDEA Greg Price, NCDOT NEU Beth Harmon, Ecosystem Enhancement Program Ji1e_CoPy. ponadon Permitting Unit Mail Service Center, Raleigh, North Carolina 27699-1650 ion: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 ;:919-733-17861 FAX: 919-733.6893 et: http:ffh2o.em.state,nc.uslncwe8ands/ NorthCarolina Naturally ;t N An F.eual OpportunityI Affirmative Action Employer i Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and JORDAN BUFFER RULES, with ADDITIONAL CONDITIONS I THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (NCDWQ) Regulations in 15 NCAC 2H .0500 and 15A NCAC 28.0267. This certification authorized the NCTA to impact 22.79 acres of jurisdictional wetlands, 16,467 linear feet of jurisdictional streams and 12,021 square feet of protected riparian buffers in Wake County. The project shall be constructed pursuant to the modifications dated received April 14, 2010. The revised authorized impacts are as described below: D.,..:?,.A co,.+i- A 9trnoen I*nn.rtc in the ('ana FPar River Basin Site Permanent Impacts to Intermittent Stream (linear ft) yVTemporary Impacts to Intermittent Stream linear ft Permanent Impact to Perennial Stream linear ft Temporary Impacts to Perennial Stream linear ft Total Stream Impact linear ft Stream Impacts Requiring Mitigation linear ft 1 60 0 0 0 60 0 2 1 285 g 0 0 293 0 S I 0 0 32 10 42 0 6 0 0 513 52 565 513 36 ? 0 0 0 0 555 15 53 0 608 15 555 0 Total! 345 8 1115 115 1583 1068 Total Revised Stream Impact for Section A: I,Sn3 smear reet Revised Section B Stream Impacts in the Cape Fear River Basin Site Permanent Impacts to Intermittent Stream (linear ft) Temporary Impacts to Intermittent Stream linear ft Permanent Impacts to Perennial Stream linear ft Temporary Impacts to Perennial Stream linear ft ,;it: .Total Stream Impact linear ft Stream Impacts :Requiring Mitigation linear ft 3A1 0 0 390 32 422 390 3B1 0 0 247 25 272 247 7 1 1286 62 0 0 1348 138 101 0 0 725 120 845 725 10A1 282 0 0 0 .282 16 11AI 271 10 0 0 281 0 12AI 0 0 552 28 580 552 151 175 0 0 0 175 56 161 465 28 0 0 493 34 19 1 0 0 35 70 105 0 22 1 718 0 0 0 718 0 23 1 0 0 1308 0 1308 1308 30 1 0 0 260 0 260 260 35 1 0 0 122 12 134 122 Tota l 3197 100 3639 287 7223 3848 Total Revised Stream Impact for Section B: 7,123 unear reet * I Revised Section C Stream Impacts in the Cape Fear River Basin Site Permanent Impacts Temporary Permanent Temporary Total Stream Impacts to Intermittent Impacts to Impacts to Impacts to Stream Requiring Stream (linear ft) Intermittent Perennial Stream Perennial Stream Impact Mitigation Stream linear ft linear ft linear ft linear ft linear ft 1 1 128 0 0 0 128 0 3 0 0 1333 172 1505 1333 101 516 41 0 0 557 0 11 1 349 88 0 0 437 0 12 1 479 32 0 0 511 0 15 I 654 29 0 0 683 0 161 0 0 495 48 543 495 171 0 0 550 0 550 550 19} 135 17 0 0 152 0 221 482 29 0 0 511 9 22N 47 25 0 0 72 0. 23? 0 0 518 74 592 518 241 0 0 521 0 521 521 261 332 0 30 0 362 30 291 216 11 0 0 227 0 301 0 0 104 80 184 104 311 0 0 108 18 126 0 Total, 3338 272 3659 392 .7661 3560 Total Revised Stream Impact for Section C: 7,661 smear feet Revised Section A Wetland Impacts in the Cape Fear River Basin Re Permanent Fill Excavation Mechanizerl 1 Total Wetland 1 Wetland Impacts Requiring ac ac Clearing ac Impact ac Mitigation ac 3 0 0.07 0 0.07 0.07 4 0.12 0 0 0.12 0.12 8 0.71 0 0.02 0.73 0.73 10 0.24 0.03 0.02 0.29 0.29 otul 1.07 0.10 0.04 1.21 1.21 Total Revis ed Wetland Imp act for Section A: 1. 21 acres. Revised Section B Wetland Impacts in the Cane Fear River Basin (Site Permanent Fill ac Excavation ac Mechanized Clearing ac Total Wetland Impact ac Wetland Impacts Requiring Mitigation ac 1 0.49 0 0.02 0.51 0.51 1 2 1 0.03 0 0 0.03 0.03 4 1.01 0.01 0 1.02 1.02 5 1.68 0 0.03 1.71 1.71 17A 0.19 0.01 0 0.20 0.20 9 0.23 0 0.01 0.24 0.24 ,11 0.08 0 0.01 0.09 0.09 17 0.05 0 0 0.05 0.05 18 0.03 0 0.01 0.04 0.04 119 1.09 0.01 0.12 1.22 1.22 120 0.11 0 0 0.11 0.11 121 0.36 0.44 0 0.80 0.80 124 0.05 0.01 0 0.06 0.06 125 0.01 0 0 0.01 0.01 129 0 0.18 0 0.18 0.18 131 0 0.19 0 0.19 0.19 132 0.01 0 0 0.01 0.01 133 0.05 0 0 0.05 0.05 7lotal 5.47 0.85 0.20 6.52 6.52 Total Revised Wetland Impact for Section B: 6.52 acres. Revised Section C Wetland Impacts in,the Cape Fear River Basin Si to Permanent Fill ac Temporary Fill ac Excavation (ac) Mechanized Clearing ac Hand Clearing ac Total Wetland Impact (ac) Wetland Impacts Requiring Mitigation (ac) 11 0 0 0.77 0 0 0.77 0.77 3 1.06 0 0.29 0.03 0 1.38 4.38 4 0.13- 0 0 0 0 0.13 0.13 '5 0.06 .0 0 0 0 0.06 0.06 6 0.82 0 0 0 0 0.86 0.86 7 0.12 0 0 0.03 0.03 0.18 '0.15 8 0.29 0 0 0 0 0.29 0.29 10 0 0 0.35 0 0 0.35 0.35 12 0.28 0 0 0.02 0 0.30 0.30 13 OSi 031 0 OAG 0.52 1.44 0.91 14 0 0.06 0 0.04 2.10 2.20 0.04 15 0.15 0 0 0.05 0 0.20 .0.20 16 0.46 0 0 0.03 0 0.49 0.49 17 1.55 0 0 0.64 0 2.19 2.19 21 1.61 0 0 0.25 0.52 2.38 1.86 25 0.14 0 0 0 0 0.14 0.14 M 0 0.04 0 0.01 0.30 0.35 0.01 27 0.58 0 0 0 0 0.58 0.58 28 0.58 0 0 0 0 0.58 0.58 311 0.05 0 0 0.02 0 0.07 0.07 32 0 0 0.07 0.09 0 0.16 0.16 Tol tal 8.39 0.41 1.48 1.31 3.47 15.06 11.18 Total Revised Wetland Impact for Section A: 15.06 acres. Revised Section B O en Water (Ponds) Impacts in the Cape Fear River Basin Site Permanent Impact to Open Waters ac Total Impact to Open Waters ac 8 1.12 1.12 11A 1.21 1.21 12 0.93 0.93 13 0.12 0.12 14 1.04 1.04 Total 4.42 4.42 Total Revised Open Water Impact for Section B: 4.42 acres. Section C O en Water (Ponds) Impacts in the Cape Fear River Basin Site Permanent Fill in Open Waters ac Total Fill in Open Waters ac 2 1.11 1.11 8 1.55 1.55 9 0.69 0.69 14 0.20 0.20 15 0.61 0.61 18 0.58 0.58 19 1.16 1.16 20 0.91 0.91 Total 6.81 6.81 ' Total Open Water Impact for Section C: 6.81 acres. Co..fO.... r Tnrdav Rinarian Ruffer Impact., Site - Zone I minus = Zone I V 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) 1.5:1 ratio) s f: 31 7418 3477 3941 N/A 4603 21 4582 N/A Tot?rls 7418 3477 3941 0 c 4603 21 4582 0 ' * n/a = Total for Site is less than 1 /3 acre and 150 linear feet of impact, no mitigation requneo Total Buffer Impact for Project: 12,021 square feet. The impact tables above are revised and replace the ones in the original certification (DWQ # 20071470 ver. 1). The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your modified applications dated received April 14, 2010. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated September 22, 2008 still apply except where superseded by this certification. Should your project change, you are required to notify 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 any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional 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.0268. For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. - Conditions of Certification: 1. All conditions written into the previous Water Quality Certification dated September 22, 2008 for this project still apply, except where superseded by any of the conditions below. 2. Compensatory mitigation for impacts to 8,476 linear feet of streams at a replacement ratio of 1:1 is required. Compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite stream relocations of 640 linear feet of UT Reedy Branch at Site 3, Section C. The onsite stream relocation shall be constructed in accordance with the design submitted in your August 30, 2007 application and additional information received November 1, 2007. Please be reminded that as-builts for the completed streams shall be submitted to the North Carolina Division of Water Quality 401 Wetlands Unit with the as-builts for the rest of the project. If the parameters of this condition are not met, then the permittee shall supply additional stream mitigation. All channel relocations will be constructed in 'a dry work area, will be completed and stabilized, and must be approved on site by DWQ staff, prior to diverting water into the: new channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing season.. All stream relocations shall have a 50-foot wide native wooded buffer planted on both sides of the stream unless :otherwise authorized by this Certification. Atransitional phase incorporating rolled erosion control product (RECP) and. appropriate temporary ground cover is allowable. All on-site mitigation sites shall be protected in perpetuity by a conservation easement or through NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation geodatabase. 3. The permittee shall visually monitor the vegetative plantings to assess and ensure complete stabilization ofthe.: ., mitigation stream segments. Riparian area success shall be determined by conducting stem counts to ensure atree: survival rate of 320 stems/acre. The monitoring shall be conducted annually for a minimum of 3 years after final planting. Photo documentation shall be utilized to document the success of the riparian vegetation and submitted;to DWQ in a final report within sixty (60) days after completing monitoring. After 3 years the NC Turnpike Authority. shall contact the DWQ to schedule a site visit to "close out" the mitigation site. 4. Compensatory mitigation for the remaining 7,836 linear feet of impact to streams is required. We understand that you have chosen; to perform compensatory ntigation for impacts to streams through the North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter dated May 4, 2010 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the MOU between the NCDENR and US Corps of Engineers, Wilmington District, dated November 4, 1998. - 5. Compensatory mitigation for impacts to 18.91 acres of riparian wetlands at a 2:1 ratio is required. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter dated May 4, 2010 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the MOU between the NCDENR and US Corps of Engineers, Wilmington District, dated November 4, 1998. 6. Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland fill areas from re-attaining jurisdictional wetland status, the permittee shall provide an update on the wetland areas at Section C, Sites 13, 14 and 26, one year after the temporary impacts are finished. This update will consist of photographs and a brief report on the progress of these temporarily impacted areas in re-attaining wetland jurisdictional status. If the wetland area temporarily impacted by this project has not re-attained jurisdictional wetland status, NC DWQ shall determine if compensatory wetland mitigation will be required. 7. At locations where ponds will be drained, proper measures will be taken to drain the pond with limited impact to upstream and downstream channel stability as well as to native aquatic species. Proper measures will be taken to avoid sediment release and/or sediment accumulation downstream as a result of pond draining. If typical pond draining techniques will create significant disturbance to native aquatic species, additional measures such as collection and relocation may be necessary to prevent a significant fish kill. The permittee shall consult with NC Wildlife Resources staff to determine if there are any sensitive species, and the most appropriate measures to limit impacts to these species. The permittee shall observe any natural channel re-establishment, or utilize natural channel construction techniques, to ensure that the jurisdictional stream channel above and below the drained pond remain stable, and that no additional impacts occur within the natural stream channel as a result of draining the pond. 8. 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. . 9. 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. 10. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 11. Bridge deck drains shall not discharge directly into streams or surface waters. 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. 11 At sites that fall under Jordan Buffer Rule jurisdiction, all stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. 13. At sites that. fall under Jordan Buffer Rule jurisdiction, 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 public transportation 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. 14. Pursuant toNCAC15A 213.0267, sediment and erosion control devices shall not be placed in Zone I of any Jordan Buffer without prior approval by NCDWQ. 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. 15. If multiple pipes or barrels 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 casing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 16. Placement of culverts and other structures in waters, streams, and wetlands 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 DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. I 22. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream (stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. ,23. The Pemuttee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 24. 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. 25. 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. 26. 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. 27. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this.: certification: 28: Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited: 29. A copy of this Water Quality. Certification shall be maintained on site at the construction site at all times..,In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the pemilttee and the on-site project manager. 30. The pemvttee 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 DWQ 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, DWQ may reevaluate and modify this certification. 31. All fill slopes locatd injurisdictional -,vetlands shay. be p'aced at slopes no flatter than 3:1, unless nfl anise authorized by this certification. 32. 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. 33. The issuance of this certification does not exempt the Permuttee 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. 34. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 35. Upon completion of the project (including any impacts at associated borrow or waste site), the project manager shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. 36. Native woody riparian vegetation (i.e., trees and shrubs native to your geographic region) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 37. 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. - 38. 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. 39. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification.. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal. and/or civil penalties: This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. ' . If this Certification is unacceptable to you have the right town adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to . Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following ieceipt of the C-.tificction. Unless such demands are made, this Certification shall be final and hindmg-. This the 5th day of May 2010 DIVISION OF WATER QUALITY en H. Sullins Director WQC No. 3734