HomeMy WebLinkAbout20160649 Ver 1_Approval Letter_20160725Water Resources
ENVIRONMENTAL �UA�ITY
Srte
Totals
PA"I' MCCRORY
DONALD R VAN [�ER VAAR'T
� �_,�,
ti JAY 'LIMMERMAN
July 25, 2016
Wake County
P�CDWR Pro�ect No 20160649
I-540 at SR 20�J0
TIP No I-5710
APPRO'✓AL of 4Q1 V'�ATER QUALITY CERTIFLCATIOI�I and NEUSE BUF�ER AlJTNORIZATION,
w�th ADD[Ti0!�'.�iL CONDITIOi�S
Mr Philip S Harris, III, P E, CPM
Natural Env�ronm�ent Section Head
Pro�ect Development and Environmental Analysis
North Carol�na Deparhnent of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Dear Mr Harris
You have our approval, m accordance �vith the condrt�ons listed below, for the follov✓�ng impa�ts fer the purpose of
widenm� the rainps at the intersect►on of 1-540 and SR 2000 in Wake i,ounty
S!tQ
1
Total
Siream impacis in the Neuse River Bas�n
In P�reeznial Stream !�near ft � Totn! �tream Im act linear
25 25
25
Total Stream Impac> for Project• 25 linear feet.
25
Neuse Ri arian Buffer Im acts
Zone 1 Empact Zone 1 Buffer Mitigation Zone 2 Impact Zone 2 Buffer M�t�gat�on Requ�red
s ft Re uired usin 3• 1 ratio s ft usin 1 5• 1 ratio
0 N/A i273 N/A
G�_ 0 i�73 i 0
* n,�a = Total for S�te is �ess lhan 1/3 acre aiid 150 linea� f�et of �mpuct, no mit�gat�on requ�;ed
Total Buffer Impact for Project: 1273 square feet
The project shall be constructed in accordance wrth your application received June 29, 2016 and rev�sed July 21,
2^vl6 �fter reviewing your applicat�on, we have dec�ded that these impacts are cavered by General Water (�uality
Certification Numbe; 3883 This cerh ication corresponds to the Nationwide Permit 3 �ssued by the Corps of
I I:?iCi�.�;!'S Ti;iti c�.�3f�C0'vc21 i� �i�S(i v:3�IC'1 it:� t�lc ��.a,ll�e �U�fC� RIJ��, �ii/�+'�!�.4� ;�� �2��� �il ::Ci�li!Oli� � �)%i Si1C:UlCi
acquire any other federal, state or local permits before you proceed with your pro�ect includmg (but not limited to)
Sediment and Erosion Control, Non-D�scharge and Water Supply Watershed regulat�ons This approval will expire
wii_h th� ac;company�n� 4Q4 perm�t.
Sta,e of North Lar�iina 'Envmanmental Quahty I, Watzr Reso�.;rces
1ot7 Maii ServicF Center, Rale�gh Ner[n �arolina 27Egy-1617
Phonc 3�9 60l c"300
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notiry the NCDVv R and submii 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
wrth all the conditions. If total wetland tills 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 attached certificatier ar.� any additionai conditions ]iste� belo�v
Conditions cf �ertifieation.
1 All riparian buffers impacted by the placement of temperary fill or clearing activities shall be restored to the
preconsri-uction contaurs and revegetated. Maintained buffers shal? be nermanently revegetated with non-woody
species by the end of the growing season foliowing completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the h•ansportation corridor ihat will be suUject to regular i�ICDO"T
maintenance activiti�s including mowing. The area with non-maintzined buffers shall Ue permanently re�egetated with
native woody species before the next growing season following completior. of construction. [15A NCAC 2B 0233]
2. Pursuant to 15� NCAC 2B.0233(6}, s�diment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without nrior approval by the NCDWR. At this time, the NCDWR has apnroved no sediment and
erosion control devices in Zone 1, outside of the approved proj�ct 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
3 All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. [15A NCAC 2B. 0233]
4 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 inadvertenily contacts uncured concrete shall not be discharged to
surface waters due to the ootential for elev�red pH and nossibie aquat;c life ancl_ fish killc [15A N�AC 02B 0200]
5 During the construction of the project, nc staging of eauinment of any kind is permitted in waters of the U S or
protecied r�parian buffers. �15A rdCAC C2H.C�06(b)(2)]
6. The dimension, pattern and profile of thz stream above and be�ow the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions. [ 15A NCAC 02H.0506(b)(2)]
7 Any rip-ran nlaced 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);
8. The Permittee shall ensure that the final design drawings adhere to the perniit and to the permit drawings
submitted for approval. [15A NCAC 02H 0507 (c) and 15A NCAC 02H 0506 (b)(2) and (c)(2)]
5 All work in or adjacent to stream waters shall be conducted in a dry ��ork area. Approved BMP measures from
thP most current ve: sion of NCDOT Construction and Maiater.ar.ce Activities manual such as sandbags, rock berms,
cofferdams �nd nt�er diversion structures shall be used to prever.t excavation in flewing water [15A TiCAC
02H.0506(b)(3) and (c)(3)]
10 Heavy equipment si�all be operated from the banks rather tl-ian in the stream channel in order to minimize
sedimenta±ior. and reduce the introtluction of other pollutants into the stream. [1�A NCAC 02H.0506(b)(3)]
11 All mechanized e�uipment ��erated near surface waters must be regularly ir.spected and ma�ntained to prevent
contamination of stream waters frcm fuels, lubricants, hydraulic fluids, or other toxi� mate:ials. [15A NCAC
OZcI.�JObCb}�3�1
12. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certsficatioi,. [15P. T:C�C OLH.�iS�G(b;(?}1
] S Uischarging hydreseed �ni;cfis:es anci washing out hydrosPee�tirs �nd other equipment in or adjacent to surface waTe:s
is prol�ibitP�i. f 15A NCAC Q2H.OSQS(r�)(3)]
14 The permittee and its authorized agents sha11 conduct its activities in a manner consistent with State water quality
standarcls (including any requirem.ents resulting from compliance with §303(dl 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]
15 A copy of ttiis V�%ater Quality Certification shall be maintain�d on che construc�ion site at all times. In adaiiion, tf.e
VVater Qualit-y Certification and ail subseque:�t modifications, if any, shall be maintained with the L7ivision Engineer and
the an-site project manager [15A NCAC 02H .0547��; and 15A NCA� 02H 0506 (b)(2) and (c)(2);
16 The ou±side buffer, wetland or water bounda.ry located within the construction corridor approved by this
aathorization, including all non-comme;cial boi�ow 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 tnis certification. [15A NCAC 02H.G501 and a502]
1? 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 �overnment agencies (i.e. local, state, and federal) having
itu-isdiciion, mcluding but not ;imited to ap�licable buffer rules, stormwatPr management rules, soil erasion and
sedimentation contro] requirements, etc.
18. The Permittee shall report any vialations of this certification to the Divisior of Water Resources within 24 hours of
discovery [15A NCAC 02B 0506(b)(2)]
19 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(fl]
20 Native riparian vegetation (i.e., trees and shrubs native to your geographic region) must be reestablished in the
riparian areas within the const�-nction limits of the pr�iect hy the end of the �owing seasan following comnletion of
cons*!1:c±ior_ �15A NrAC 02B.Q5�6(h;�2�1
2] There shali be r.r, excavat;on fror1, or yvast� disp�sal inta, jurisdictional wetlands cr wa�ers associated v✓rth this
permit without appropriate modification. Should waste or bon•ow sites, or access roads to waste or borrow sites, oe
located in wetlands or streams, compensatory mitigation wil] be requ:red since that is a direct impact from road
construction activities. [15A N(:AC 02H.0506(b)(3) and (c)(3)]
22. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
insta.?ation ancl o�eration and maintenance ef such Lesi Macagement Practices ir. orde: to profect surface ��aters
stan�ards [15A NCAC 02H.Q506(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 Carnlina Sediment and Erosion
Control Planning anc! Design Manual.
b The design, installatien, operation, and maintenance of the sediment and erosion control measures must
be s�a�h that they equal, or exceed, the requLrements s�ecified in the most recent version of the North
Carolina Sedime�zt ar�d Er�osion Control Manual. The devices shall be maintained on alI construction
sites, borrow sites, and waste pile (spoii) pro�ects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosien and sediment cor_trol rneasures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The re�lamation measures and implemer.tat;on must camply with the reclamaticn in accordance with the
:eqai:e�ents afthe Sed�mentai�on Pellut�on Cor.t�of act.
23 Sedi:�le;�t and eros:on c�r,trol meas�ues sha�i n�� be plac�u i-� v��t�anu� ar wate,s unless �ihe� �vise approve� by tii�s
��,-t�fic:ation. [i5A �IC�C J2H.�SOo'(b)r3 j and (el(>>J
If you wish to contest any statement m the attached Certificat�on you must file a petrt�on for an admmistrarive
hearmg You may obiam the petition form from the office of Admimstrative heanngs You must file the petrtton
wrth the office of Admmistrative Hearings withm sixty (60) days of rece�pt of this notice A petrt�on ts considered
filed when it is received m the office ot Admmistratrve Hearmgs durmg normal office hours The Oi�ice of
Admmistrative Heanngs accepts filmgs Monday through Friday between the hours of 8 OOam and 5 OOpm, except
for official state holidays. The original and one (1) copy ofthe pehtion must be filed with the Office of
Admmistrative Heanngs
The petrtion may be faxed-provided the origmal and one copy of the document is rece�ved by the Office of
Admmistrative Heanngs wrthm five (5) busmess days followmg the faxed transmiss�on
'I'he mailmg address for the Office of Admmistratrv� Hearmgs �s
Office of Admmistrahve Hearmgs
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone• (919) 431-3000, Facs�mile (919j 431-31U0
A copy of the petit�on must also be served on DEQ as follows
Mr Sam M Hayes, General Gounsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Dtvis�on of Water Resources under Sechon 401 of the Clean Water Act 1f you
have any questions, please contact Rob Ridmgs at 919-707-8786
Smcerely,
�1�- �'f
S !ay Zimmermar., Direc±or
Divis�on of Water Resources
Electronic copy only distribution
Enc Alsmeyer, US Army Corps of Ft�gineers, Raleigh Field Office
Chns Murray, Division 5 Environmental Officer
Chris Rivenbark, NC Department of Transportat�on
File Copy
; ,:
WaterResources
ENVIRONMENTAL OUALITY
NCDWR Pro�ect No.:
Applicant:
Project Name:
Date of Issuance of 4U1 Water Quality Certification•
COUIIij'.
I'A"I' MC;CRUIll�
DONALD R V"AN DGR VAAR"C
� JAY "I.IMMH;RMAN
Cert�ficate of Complet�on
Upon completion of all work approved wrthm the 401 Water Quality Cert�fication or appl�cable Buffer Rules, and
any su�sequent modifications, the applicant is required to return this cert�ficate to the 401 Transportat�on Permitting
UnR, Norih Caroiina Division of Vdater Resources, 1617 Mail Service Center, Raleigh, NC, 27599-1617 "This form
�nay ba re�u� ��ed ta iv'�D ��';: �y tl-�e appiicart, th�e apphcar�t's authcr�zed agEnt, ar th� pro�eci e�gin;,er It is not
necessaiy to send certificates fro►n all of thzse
�pplicant's Certrfrcation
I, , hereby state that, to the best of my abilrties, due care and d�ligence
was used in the observation of the construction such that the construction was observed to be built wrthin substantial
compliance and mtent of the 401 Water Qualrty Certificatwn and Buffer Rules, the approved plans and
specificatiors, ard other sup�ort�na m3terials
Si�nature Date
.ig2i11'S %^i�ljiCtsiif.Y
[, , hereby state that, to the best of my a�ilrt�es. dae care and d�ligence
was used in the observation of the construction such that the construct�on was observed to be built wrth�n substantial
compl�ance and mtent of the 401 Water Quality Cert�ficat�on and Buffer Rules, the approved plans and
spec�ticat�ons, and other suppert�ng materials
Signature. Date
Engineer's Certification
Parnal F�nal
[, , as a duly registered Professional Engineer in the State of North
Carol�na, having been author�zed to observe (periodically, weekly, full time) the construction ofi the pro�ect for the
Perm�ttee hereby state tha±, to the hest of my abilrties, due care and diligence was used m the observauon of the
construction such that the construction was observed to be built wrthin substantial compliance and intent of the 401
Water Quality Ce►tificatior and Buffer Rules, the approved j�lans and spec�fications, ard other supporting mater�als.
S�anature Reg�strat�on No.
�utC
.taYc of N��nl� Carolir2',Envuon;n:,rtal Qual�ty I Watcr P.cso�irces
16 i7 ohail Service Cer�ter, Raieigi�, Nortf� Carolina 27099 1617
rhor.e 9'9-8U1 63('J