HomeMy WebLinkAbout20191029 Ver 4_Revised Approval Letter_20211007 DocuSign Envelope ID:49E666FB-0300-4E4C-A2C7-1B95B28B49B3
5rAT3 4y'I
ROY COOPER. '' f'f r--- O
Governor
ELIZABETH S.BISER a2'
Secretary QU45 /
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
October 7,2021
Wake County
NCDWR Project No.20191029 v.4
I-40&SR 3015 Interchange
TIP No.I-5700
CORRECTION to MODIFICATION of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER
AUTHORIZATION,with ADDITIONAL CONDITIONS
Mr.Philip S.Harris,III,P.E.,CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh,North Carolina,27699-1598
Dear Mr. Harris:
You have our approval,in accordance with the conditions listed below,for the following Revised impacts for the purpose of
interchange improvements at I-40 and SR 3015 in Wake County:
Revised Stream Impacts in the Neuse River Basin
Site Permanent Impact to Temporary Impact to Permanent Impact Temporary Impact Total Stream
Intermittent Stream Intermittent Stream to Perennial to Perennial Impact
(linear ft) (linear ft) Stream(linear ft) Stream(linear ft) (linear ft)
1 0 0 20 15 35
2A 26 12 0 0 38
2B 40 10 0 0 50
3A 0 0 98 15 113
3B 0 0 15 33 48
4B 0 0 23 20 43
5A 0 0 10 20 30
5C 0 0 155 26 181
5D 0 0 14 38 52
5E 0 0 249 20 269
6 52 0 0 0 52
7 20 34 0 0 54
8A 0 0 121 0 121
9 45 17 0 0 62
10A 0 0 57 17 74
11 0 0 45 23 68
11A 0 0 28 10 38
12 0 40 0 0 40
Total 183 113 835 237 1368
Revised Total Stream Impact for Project: 1368 linear feet.
DWR Perennial Stream Mitigation Required:428 linear feet.
D_E North
512North CaroSalisburylina DepartmeStreetnt of 17MavironmentailService CeE Quanlityter Raleigh j Division of WaterNorthCarolina Resou27rces
, 699-1617
NORTH CAROLINA
Department of E.Aronmemlow,ircr 919.707.9000
DocuSign Envelope ID:49E666FB-0300-4E4C-A2C7-1B95B28B49B3
Wetland Impacts in the Neuse River Basin
Site Permanent Fill(ac) Excavation(ac) Mechanized Clearing(ac) Total Wetland Impact(ac)
3B 0 0.005 0 0.005
4 0 0 0.006 0.006
8B 0.300 0 0.070 0.370
l OB 0 0 0.030 0.030
10C 0 0 0.006 0.006
Total 0.300 0.005 0.112 0.417
Total Wetland Impact for Project: 0.417 acres.
Neuse Riparian Buffer Impacts
Site Zone 1 Impact Zone 1 Buffer Mitigation Zone 2 Impact Zone 2 Buffer Mitigation
(sq ft) _ Required (using 3:1 ratio) (sq ft) Required(using 1.5:1 ratio)
IA 634 N/A 0 N/A
1B 261 N/A 195 N/A
2A 2889 N/A 0 N/A
2B 1108 3324 50 75
3A 4098 N/A 919 N/A
3B 1357 N/A 367 N/A
3C 1348 4044 1929 2893
4B 605 N/A 414 N/A
5 2867 8601 1390 2085
5A 1699 N/A 1753 N/A
5C 9615 N/A 4167 N/A
5D 2009 N/A 1115 N/A
5E 9400 28200 3633 5450
8A 4932 N/A 4741 N/A
9 3303 N/A 2362 N/A
10A 4014 N/A 2654 N/A
11 3629 N/A 1937 N/A
11A 3478 N/A 2449 N/A
Totals 57246 44169 30075 10503
Total Buffer Impact for Project: 87321 square feet. *n/a=Site Impact Allowable;no mitigation required
The project shall be constructed in accordance with your application received and modification request dated October 4,2021. After
reviewing your application,we have decided that these impacts are covered by General Water Quality Certification Number 4135.
This certification corresponds to the Regional General Permit 50 issued by the Corps of Engineers. This approval is also valid for the
Neuse Riparian Buffer Rules(15A NCAC 2B.0714).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 Certification replaces the ones issued
August 14,2019,December 22,2020,April 6,2021,and October 5,2021.
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 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 General Certification and any additional conditions listed below.
E Qj
NORTH cnanun+n 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
D
Department of Environmentel ou.ury 919,707.9000
DocuSign Envelope ID:49E666FB-0300-4E4C-A2C7-1B95B28B49B3
Conditions of Certification:
1. Compensatory mitigation for impacts to 14723 square feet of protected riparian buffers in Zone 1 and 7002 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 Marks Creek Mitigation Site. Mitigation for unavoidable impacts to Neuse Riparian Buffers shall
be provided via deduction of 54672 square feet of Buffer Restoration Credits at the Marks Creek Mitigation Site in accordance with
15A NCAC 2B.0295,as stated in your application and the included debit ledger.
2. Compensatory mitigation for 428 linear feet of permanent impact to perennial streams is required. We understand that you have
chosen to perform compensatory mitigation for impacts to streams through use of the Jeffrey's Warehouse Mitigation Site. Mitigation
for unavoidable impact to Neuse Basin perennial streams shall be provided via deduction of this amount at the Jeffrey's Warehouse
Mitigation Site in accordance with 15A NCAC 2H.0506,as stated in your application and the included debit ledger.
3.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 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 deteitiiine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
4.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 causing sediment deposition that
requires increased maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)]
5.Riprap shall not be 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)]
6.For all 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)]
7.The stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks,as well as to vegetation responsible for maintaining the
stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with
native riparian species. [15A NCAC 02H.0506(b)(2)]
8. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities,unless otherwise approved by
this certification. [15A NCAC 2B.0714]
9.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.0714]
10.Pursuant to 15A NCAC 2B.0714 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.
11. All portions of the proposed project draining to 303(d)listed impaired watersheds shall be designed,constructed,and operated
with sediment and erosion control measures that meet Design Standards in Sensitive Watersheds(15A NCAC 4B .0124). However,
due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a)regarding the maximum amount of
uncovered acres.
j North Carolina Department of Environmental Quality 1 Division of Water Resources
D_E512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of Environmentel ou.ury 919,707.9000
DocuSign Envelope ID:49E666FB-0300-4E4C-A2C7-1B95B28B49B3
12.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]
13.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)]
14. 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)]
15. 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)]
16.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)]
17. 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)]
18.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)]
19. 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)]
20.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)]
21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
[15A NCAC 02H.0506(b)(3)]
22.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]
23. 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)]
24. 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)]
25. 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]
26. 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.
27. 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)]
28. 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)]
Q North Carolina Department of Environmental Quality Division of Water Resources
D E
NORTHcnanu n
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
Department or Eimaamsmi Malay � 919,707.9000
DocuSign Envelope ID:49E666FB-0300-4E4C-A2C7-1B95B28B49B3
29.Native riparian vegetation(ex.list herbaceous,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)] & [15A NCAC 02B.0506(b)(2)]
30. 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)]
31.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.
32. Sediment and erosion control measures shall not be placed in wetlands or surface waters,or within 5 feet of the top of bank, without
prior approval from DWR. [15A NCAC 02H.0506(b)(3)and(c)(3)]
33.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.0506{b)(3)and(c)(3)and 15A NCAC 02B.0200]
34. 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 303(d)impaired,then the sedimentation and erosion control designs shall comply
with the requirements set forth in 15A NCAC 04B.0124,Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and
(c)(3);GC 4135]
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 hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00am and 5:00pm,except for official state holidays. The original and one(1)copy of the petition must be filed
with the Office of Administrative Hearings.
j North Carolina Department of Environmental Quality i Division of Water Resources
D_E512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of Environmentel ou.ury 919,707.9000
DocuSign Envelope ID:49E666FB-0300-4E4C-A2C7-1B95B28B49B3
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.Bill F.Lane,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. If you have any
questions,please contact Rob Ridings at rob.ridings@ncdenr.gov.
Sincerely,
DocuSigned by:
awl C.—kkapitkzun,
9C9886312DCD474...
S.Daniel Smith, Director
Division of Water Resources
Electronic copy only distribution:
Andy Williams,US Army Corps of Engineers, Raleigh Field Office
Heather Montague,Division 5 Environmental Officer
Chris Rivenbark,NC Department of Transportation
Deanna Riffey,NC Department of Transportation
File Copy
D
j 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 CAROLJNA
Department or Environmentel oo.ury 919,707.9000