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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