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HomeMy WebLinkAbout20201509-401 DocuSign Envelope ID:204C7F92-5D80-457C-BD74-6E15F2A48DFB a�t STATE ti ROY COOPER Governor ELIZABETH S.BISER ` Secretary RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality April 18,2022 Mr.Brandon H.Jones,PE Division Engineer NCDOT Division 5 2612 North Duke Street Durham,NC 27704 Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed Replacement of Bridge 126 on SR 2044 in Wake County TIP No.B-5318 NCDWR Project No.20201509. Dear Mr.Jones: Attached hereto is a copy of Certification No.4703 issued to The North Carolina Department of Transportation (NCDOT)dated April 18,2022. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H.0507(d)(2)]. This Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State,or Local approvals before proceeding with the project,including those required by,but not limited to,Sediment and Erosion Control,Non-Discharge,Water Supply Watershed,and Trout Buffer regulations. If we can be of further assistance,do not hesitate to contact us. Sincerely, DocuSigned by: Ric at �a '�i `�4Jr,Director Division of Water Resources Attachments cc: Andy Williams,USACE Raleigh Regulatory Field Office Chris Murray,NCDOT Division 5,Project Engineer for Planning and Environmental Studies Heather Montague,NCDOT Division 5 Environmental Officer Beth Harmon,Division of Mitigation Services File Copy North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NoanicaaouNn p���,.1 ,.n­w 919.707.9000 DocuSign Envelope ID:204C7F92-5D80-457C-BD74-6E15F2A48DFB 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS 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 Resources(NCDWR)Regulations in 15 NCAC 2H.0500. This certification authorizes the NCDOT to impact 0.79 acres of jurisdictional wetlands and 622 linear feet of jurisdictional streams in Wake County. The project shall be constructed pursuant to the application dated received March 14,2022. The authorized impacts are as described below: Stream Impact in the Neuse River Basin Site Permanent Fill in Stabilization to Temporary Fill in Temporary Dewatering Total Stream Perennial Stream Perennial Stream Perennial Stream to Perennial Stream Impact (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) A 0 175 61 124 360 B 240 0 0 22 262 Total 240 175 61 146 622 Total Stream Impact for Project: 622 linear feet Wetland Impacts in the Neuse River Basin Site Permanent Fill(ac) Excavation(ac) Mechanized Clearing(ac) Total Wetland Impact(ac) A 0.54 0 0.04 0.58 A (Utility) 0.13 0 0.03 0.16 B 0.03 0 0 0.03 C (Utility) 0 0 0.01 0.01 D (Utility) 0 0.01 0 0.01 Total 0.70 0.01 0.08 0.79 Total Wetland Impact for Project: 0.79 acres. The application provides adequate assurance that the discharge of fill material into the waters of the Neuse 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 application dated received March 14,2022. Should your project change,you are required to 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 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). REQ5 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID:204C7F92-5D80-457C-BD74-6E15F2A48DFB 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. This Water Quality Certification neither grants nor affirms any property right,license,or privilege in any lands or waters,or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights,littoral rights,or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials,the Division may inspect the property. Conditions of Certification: 1. Compensatory mitigation for impacts to 0.79 acres of wetlands is required. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation Services(DMS),and that the DMS has agreed to implement the mitigation for the project. DMS has indicated in a letter dated February 11,2022 that they will assume responsibility for satisfying the federal Clean Water Act 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.0506(b)(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. To meet the requirements of NCDOT's NPDES permit NCS0000250,please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [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.A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel, on the stream bank,or within 5 feet of the top of bank,or during the removal of bents from an old bridge.This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H.0506(b)(3) 8.All bridge construction shall be performed from the existing bridge,temporary work bridges,temporary causeways,or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position.Under no circumstances should barges be dragged along the bottom of the surface water. [15A NCAC 02H.0506(b)(3) REQ5 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID:204C7F92-5D80-457C-BD74-6E15F2A48DFB 9.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. 10.All portions of the proposed project draining to 303(d)listed impaired watersheds that are impaired shall not discharge stormwater directly to surface waters. Stormwater shall be treated using appropriate best management practices(e.g.,vegetated conveyances,constructed wetlands,detention ponds,etc.)prior to discharging to surface waters. 11.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] 12.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)] 13.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)] 14.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)] 15.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)] 16.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)] 17.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)] 18.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. [I 5A NCAC 02H.0506(b)(3)] 19.No rock,sand or other materials shall be dredged from the stream channel except where authorized by this certification. [15ANCAC 02H.0506(b)(3)] 20.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [I 5A NCAC 02H.0506(b)(3)] 21.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] 22.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)] REQ5 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID:204C7F92-5D80-457C-BD74-6E15F2A48DFB 23.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)] 24.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] 25.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. 26.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)] 27.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)] 28.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.0506(b)(2)] 29.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)] 30.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. 31. 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)] 32.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] REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID:204C7F92-5D80-457C-BD74-6E15F2A48DFB 33.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 as 303(d)Impaired Waters, 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] 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. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC 2H.0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters,including wetlands,as described in 33 Code of Federal Regulations(CFR)Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality.Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. Pursuant to G.S. 143- 215.6A,these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This approval and its conditions are final and binding unless contested[G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC 2H.0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters,including wetlands,as described in 33 Code of Federal Regulations (CFR)Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing(Petition)with the North Carolina Office of Administrative Hearings(OAH) within sixty(60)calendar days.Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000. A party filing a Petition must serve a copy of the Petition on: William F.Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 REQ5 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID:204C7F92-5D80-457C-BD74-6E15F2A48DFB If the party filing the Petition is not the permittee,then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). This the 18th day of April 2022 DIVISION OF WATER RESOURCES EDOCUSigned by: 12DCD474 Richard E.Rogers,Jr,Director WQC No. 4703 REQ5 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID:204C7F92-5D80-457C-BD74-6E15F2A48DFB NCDWR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: 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 Certification 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. Signature: Date: Agent's Certification 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. 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)the construction of the project for the Permiee 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. Date REQ5 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly