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Home My WebLink About20181249v18DocuSign Envelope ID: 8F877C18-0187-44C7-A62F-97ED30D3C8B1 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality North Carolina Division of Water Resources Transportation Permitting Branch In -Field Minor 401 Water Quality Certification Modification Project Name/ TIP Project No.:R-2721B & R-2828; NC Hwy 540_ Date: _May 29, 2024 DOT Division: _5 County: _—Wake DWR Project No. 20181249 Ver 18 Permit Type: WQC#41 79 DOT Field Staff: Nicole Thomson DWR Field Staff: Rob Ridings Modification Descriptions *R-2721 B Site 18: During previous Environmental Compliance reviews (both internal and Agency driven), it was noted that the outlet of the Culvert in the location of the former McCuller's Pond was beginning to destabilize and headcut at the end of the riprap dissipator pad. The design engineers reviewed the location and decided that additional riprap was called for to restabilize the outlet. As noted in the plan, there will be an additional 30LF of riprap (30-ft X 9-ft, countersunk) placed in the stream bed at the end of the existing riprap dissipator pad. The contractor will install temporary dikes and a pump around to ensure the work is completed in the dry. At this same location, there was previously noted stormwater discharge on the left side buffer area of the stream (facing downstream). It was determined that the 4-foot lateral base ditch would be extended to the riprap outlet below the culvert at the former McCuller's pond. Other options had been explored, including an energy dissipator basin (EDB), but these were ultimately determined to not be feasible because the discharge would be to the Colonial Pipe Line easement, which was not ideal or acceptable. Therefore, the revised plan sheet shows the extended base ditch being taken to the top of the stream bank at the riprap disssipator pad. This eliminates any erosion concerns while managing the flow. The anticipated velocities at this tie in are V10=4.4fps, which are within the acceptable ranges for velocity and shear stress. Also, the culvert outlet velocity shows the V10=7.1fps. The total drainage area at this location is 13.4 acres with approximately 5.1 acres (39%) impervious and 8.1 acres (61 %) grassed/vegetated areas, so there is some infiltration which will occur providing some stormwater treatment. These changes do Not necessitate additional mitigation as it is for a countersunk riprap pad extension (a permanent impact, but not a permanent loss of function) and a lateral base ditch adjustment in a riparian area that was already permanently impacted (and mitigated for originally). Impact Summary: Additional 30 linear feet of stream stabilization. *R-2828 Site 41: At this location (previously modified to realign the channel to prevent conflict and failure of noise wall), there was fill and a stream plug installed (for the prior impacted channel); however, this created unforeseen drainage issues. Toe protection was added to help divert the discharge to the stream. No changes to stream or buffer impacts. Redline change only. *R-2828 Site 57: Due to coordination efforts with 1-5111 (1-40 widening), drainage revisions were made. The 54" pipe across the old ramp was replaced by a 5' base riprap ditch. Revisions to drainage were not reflected in previous permit submittals. To minimize impacts to already permitted sites, the existing 30" RCP was retained and the ditch from outlet 3320 and 3321 was rerouted along the fill slope of Y22LPA to tie to channel at station 447+83 Y22SEC2 LT. The 5' base ditch from the outlet of the existing 30" RCP is to be graded and riprap is to be installed on the banks (Riprap on Embankment Detail BA). The riprap on embankment has already been permitted as part of the 1-5111 project (but was not installed by the 1-5111 contractor). 0.0051 AC of original impacts classified as fill in wetlands will now be excavation. The summary sheets do not reflect this change since this site is part of the 1-5111 project and has already been quantified as an impact. No mitigation. Impact Summary: Modify 0.0051 ac of wetland fill changed to Excavation. Total impact unchanged. 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 CARCLINA 919.707.9000 DocuSign Envelope ID: 8F877C18-0187-44C7-A62F-97ED30D3C8B1 *R-2828 Site 90: During previous Agency Environmental Compliance reviews, it was noted that due to field conditions, drainage revisions were required at this site. A bend was added to the outlet pipe to avoid additional stream impacts. There are additional buffer impacts due to these changes which are reflected in the summary tables. Note has been added to the summary table to show the additional impacts to the buffer zones (785 SF Zone 1 and 601 SF Zone 2). Changes does Not necessitate additional mitigation as they are redline changes, adjustments to an already permitted site (a change in TYPE of impact, not the addition of more impact) and an "allowable" buffer impact. Impact Summary: Additional 785 sq ft Zone 1 Neuse Buffer. 601 sq ft Zone 2 Buffer. ---> Modification Sketches: *R-2721 B Site 18: 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: 8F877C18-0187-44C7-A62F-97ED30D3C8B1 *R-2828 Site 41: ,ENOTES Ihr."ACTS IN ® DEPdOTES TEeAPORARY Pmrr Permit Uraing Package URFACE vvA I ER IMPACTS IN SURFACE -WATER IL:ast FbRyised -on 45J48F2024 g. SITE #41 PROPOESED NOISE WALL 1' RASE [--, 'ANEL CHANGE ;-.`.-'CLASS II RIPR.AP PIU G SEE OETAI L 2-21 h .ACE FR_lMP T — ibs z 4\ �-E RPR Y S Fi � SEE R G ?FAC E FA W TER I M PACT FILL 5'T7 LAM. ` ram AREA TO IN TQ C GE I- - *R-2828 Site 57: T- EED '-NOT; SHADAREA SIGNIFIES -t"m 3--34 SEE y AIL f // NEVI W SIONETIL-ATK TYPE OF IM PAGT ff D.0051 AG OF OR IC INALY IMPACTS DF-/��fJ/ W LN NOW BE [EXCAVATION RF IFILL- IN WETLANDS MPOAc�rrty i R lffff %f jf ; I / IF If L— EST. 5 SY •, - -- �`' d� ff f j r a I II I'I ,: �_ : •.: r/ � jr f � �;. 4r I rf f j � ,. f � � ,• IPA S .._ •i /' r r T r j / ! 4Y THEIRS" "BY G a, -�� /• f/ r r� � r fr f f.F i 1 CJ 'I IL �`' jylfffi j I / r ••BYaD-TIFF i ffprAk-4 -e/ f I 30 y ' Y jf�t 1•j 1 �� t jf --- I g $� j �f Ij ff If,�tt / f L •i r r / �. IDCH�]'55E' I �r- �� ! ;•� /t f j' `r All T DR f� i f i f PERMI SHEET 131 DRAINAGE CHANGE TO SEG ITE 57. XISTIN30- RGTO BE TBE RETAINED AND DUTCH FROM OUTLET 3320 AND 3321 -ROUTED ALONG THE FILL SLOPE OF V22LPA TO TIE INTO GHANNEL AT STATION 447,53 Y22SEG2 LT- DFTGH FROM OUTLET OF 30- RGP TO BE GRADEAE E D AND RIPRP TO BINSTALLED ON THE. BANKS 1051 AG OF ORGINAL IMPACTS IDENTIFIED AS FILL IN WETLAND WILL NOW BE EXCAV NTION D � � 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 CARCLINA 919.707.9000 gaparMeM of EmironmanW quay DocuSign Envelope ID: 8F877C18-0187-44C7-A62F-97ED30D3C8B1 "R-2828 Site 90: This in -field modification is regured for the following reason(s): The information contained in the application or presented in support thereof is incorrect in the following manner: n/a Conditions under which the original certification was issued have changed in the following manner: See site by site Modification descriptions above. This in -field modification is valid only if issued by an authorized agent of the Division of Water Resources, Transportation Permitting Unit' This in -field modification authorizes the NCDOT to Modify sites R-2721B Site 18 and R-2828 Sites 41, 57, & 90, as described in the modification descriptions and sketches above. In WAKE County. The project shall be constructed as described in the Modification Description and Sketches of this document dated 05/29/2024 to improve/construct the section of _NC 540that extends from NC 55 to 1-40 . The approved design is that described in the Modification Description and Modification Sketch on Page 1 of this document dated _05/29/2024_. Any further changes to the original Water Quality Certification dated February 15, 2019, modified January 30, 2020, April 20, 2020, June 1, 2020, December 29, 2020, March 9, 2021, April 8, 2021, November 1, 2021, May 18, 2022, July 22, 2022, February 15, 2023, June 21, 2023, July 19, 2023, August 4, 2023, August 11, 2023, December 12, 2023, and January 18, 2024 may require a formal written modification request. D � � 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 gaparMeM of EmironmanW quay DocuSign Envelope ID: 8F877C18-0187-44C7-A62F-97ED30D3C8B1 The description of the proposed action provides adequate assurance that the proposed action in 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 Section 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. Should your project change, you are required to notify the DWR 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 conditions. 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 Modification Approval shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. . Conditions(s) of Modification Approval: 1. As -built drawings of the proposed action shall be submitted to the NC DWR Transportation Permitting Unit within 30 days of completion of the action. 2. All the authorized action activities and conditions of the certification associated with the original Water Quality Certification dated _02/15/2019_ and all other corresponding modification still apply except where superseded by this certification. 3. Modified Sites shall be constructed in manner requested by NCTA in accordance with the request dated May 24, 2024 and in manner with the referenced Agency field reviews. Any variation will require an additional modification. Failure to construct the proposed action as described in the Modification Description and Sketch on this document and/or violations of any condition herein set forth may result in revocation of this modification approval and may result in criminal and/or civil penalties. This modification approval shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. If the Corps of Engineers requires a formal written modification to the 404 permit for the proposed action, the NC DWR must require a formal written modification to the 401 WQC, and therefore, this in -field modification is invalid. If additional (wetland, stream, buffer) impacts for this project (now or in the future) exceed (one acre, 150 linear feet, or one-third of an acre/150 linear feet, respectively), or if mitigation is required above and beyond the current mitigation requirement for this project, this in -field modification is invalid and a formal written modification is required. This in -field modification is effective upon the date the last party signs this document. This in -field modification is made upon mutual agreement between DOT and DWR as indicated by the signatures below and is, therefore, not subject to appeal by either party. Appeals by third parties must be made within sixty (60) days of notification pursuant to the contested case provisions of the Administrative Procedure Act, NC Gen. Stat. §150B-23 et seq. DocuSigned by: DWR Field Staff Signature: Date: 5/29/2024 EP0,%W ed�ya4go. Ema, DOT Field Staff Signature: �sc,eesaene�i4. oF... Date: 5/29/2024 — An authorized agent of the Transportation Permitting Unit is defined as DWR staff that are DOT -funded and review and issue 401 Water Quality Certification for DOT projects. These staff include Central Office and Regional Office personnel. Dff �`y� North Carolina Department of Environmental Quality I Division of Water Resources r/ 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 naparMeM of EmironmanW 9uallly