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Home My WebLink About20160769 Ver 1_Approval Letter_20160906' ;: Water Resources ENVIROIJMENTAL OUALITY PAT MCCRORY �)ONAL[) R. VAN DF,K VAART ,,,,,��-�,,�,� ti. JAY LIMMERMAN September o, 2016 Vl�ake County NC�WR Project No. 201607b�3 Brid�e 27 on SR 2QOF State Project No. 17BP.S.R.51 APPRO�AL af 40] WATER QUALITY CERT[FICATION an� NEUSE SUFFER AUTH�DRIZATION, with ADDITZOI�AL CON�JIT[QNS Mr. J.R. Hopkins, P:E., Division Engineer NCDOT, Division 5 2612 North Duke Street Durham, NC 27704 Dear Mr. Hopkins: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 27 with a culvert in Wake County: Stream Im acts in the Nease River Basin Site Permanent Fiil in Perennial Riprap Stabilization to TemQorary Dewatering to Total Stream � Stream �linear ft) P�rennial Stream (linear ft) Perennial Stream llinear ftl Impact__ flinear f _ - - =i- --- - i-- --------s� -------- ---------- y$-- -- - - -�5 � 173_--- ---�- --,- ------- -� --- -- -�------1� - ------ --I--- - - ��--- ---�- �3 Total I 50 �' � � 0 Site t:l 111 Total Stream Impact for Project: 206 linear feet. Neuse Ri arian Buffer [ Zone I lmpact Zone 1 Buffer Mitigation (s ft) Re uired (usin 3:1 ratio) 5570 N/A 435 N/A _ 0 0 6133 N/A '!'otals � 1_2138 0 * n,�a = Impact Allowable; no mitigation required Total B��ffer Impact for Project; 17913 square feet. 45 'Lone 2 Impact 1263 754 1561 2197 577.5 206 Zone 2 Buf"fer Mitigation ;equired (using 1.5:1 ratio NiA N/A 2342 N/A f►Tt��►� Tne nroject shal! be consrructec� in accordance with yoiir appl:cat�on received A�a�ust 8, 201 F. After reviewin� ;�our app!i�ation, we ha��e decided that thPse impacts are covered by General Water Qual�ty Certificat:on Number 38$6. i'ru� ;,e:ti��a��n �o!T��por.ds :e the i�ati��r�«-:ci: ?�rmit :4 issued n;� ki�e Ce�s c�: cngineers. T:�;s appr�val is als� valid for the Neuse Riparian Buffer Rules (15A NCAC .02B .0295). 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 Ec�sitn C�ntroi, ?ti�n-��;charre ,nd ��'�at�r S.;r�! f ibate~;he� reg::'.ations. This a;�prnvai �ili erpire with tne a��c�r.�nar.yin� �04 �er.n:�t. Siate cf Ncr!h Carolina '�En:iroarr:znta[ QualiYy I, :Vater R�so;.rc�; io17 Mail Servlce Center, Ralzigt;, Norlh Caio�ina To99-1S1� Phone:?i9 d�i-R300 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 pronerty is sold, the new owner must be given a copy of this Certitication 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 describe� in 15A NCA.0 2B.�233. F�r tr.is approval to remau� valid, you must adhere tc+ the condi±ions listed in tl�e attacned certiiication and any additionai conc�itions lis�ed below. Conditions of Certification: 1. Compznsatory r,litigation for impacts to 1561 square f�et of protected riparian �uffers in Zone 2 shall be , required. We understand that you have c�iosen to perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Division of Mitigation Services (Di�1S) (fonnerly i�TCEEPj. �itigatioii for unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse Rver Basin and done an accordance with 15A NCAC .02B .0295. The DMS has indicated in a letter dated August 3, 2016 that they will assume responsibility for satisfying the compensatory mitigation requirements for the abeve-referenced project, in accord�nce with DMS's Mitigation Banking Instrument. sigr�ed June 14, 2Q 16. 2. Unless otherwise approved in this certificaiion, placement of cttiverts and other structures in c�pen 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 determine whether or noi a permit modi.fication will be required. [15A NCAC 02H.0506(b)(2)] 3. Tf mu?ti^le ��p�s �r b�rr�ls �re t'��aitu*ed, ±hQy sha�l he r?esi�e-d t� rr,imic nah�ra� stre�m �ross sPction as c?esel_�� s. _._ possible including pipes or barrels at flood plain elevation and/or sills where apnropriate. V�Jidening the stream __ _ _ chann�l shonld be avoided. St:eam channel wideni.�g at the inlet or autlet end of stractures t;,�pically decreases water velocity causing sediment deposition that requires increased rriaintenance and disrupts aquatic life passage. [15A 1`TCAC 02H.0506(b)(2)] 4. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be pronerly designed, sized and installed. [15A NCAC 02H.0506(b)(2)] 5. For all streams being impacted due ta site dewatering activities, the site s�all be graded to its preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)] 6. The stream channel shall be excavated no deeper than the natural bed rr�aterial of the stream, to the maYimum extent �racticable. Efforts must be made to minimizP impacts ±o the stream banks, as well as to vegetation responsible for maintaining the strPam bank stability. Any appli�able ripa�-ian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)] 7. As a condition of this 401 Water Quality Certification, the bridge demoliti�n anu construction must be 2ccomplished in strict compliance with the most recent versien of NCDG�T's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(51] 8. All stormwater runoff sha:l be directed as sheetflow through stream buffers at non-erosive velccities, unless otherwise up�raveu ny t�.is c�rtificatior�. [1�A NCt�C 2L�.0_33] 9. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the �rE�O^iS1Si1CtlQll CGi3tC1Ui S'clll4 d': v�g�tuteu: P�[aintai.�ed buffers sha11 be �.e,°man:,i�t:y i cvegetaied with .^�C1i2—VlGOL�� spdcies l�y the end �f thz grotiv�tg season f�llowing com�+letior of co;istruction. For the pu_rpose of this conditiar3, maintained �uffer zreas arP defined as ar�as within the transportatior. corrider that �vill bP subject te 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 iollowing completion of construction. [15A NCAC 2B.0233] 10. Pursuant to 15A NCAC 21�.0233(6),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 compremised and that discharge is released as diffuse flow. 11. If concrete is used during consnuction, a dry work area shall be maintained to prevent direct contact bet�veen curing concrete and stream water. t�ater that inadvertently contacts uncured concrete shall not be discn�rged to suriace waters due to the potential for elevated pH and possible aquatic life and n"sh kills. [ 1 �A NCAC 02�.02001 12. Du: ing the construation of the projzct, no staging of equipment of any kind is permitted in waters of the U.S., er protected riparian buffers. [l5A NCfiC 02H.05�6(b)(2)] 13. T'he dimension, pattern anci profile of the stream above and below the crossing shall not be modified. Bisturbed 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. A_ny rip-rap pla�ed far stream stabilization shall be nlaced in stream channels in such a manner that it does not impede aquatic life passage. [] SA NC�C 02H.0506(b j(2)] 15. The Permittee shall ensure that the fmal 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)] l 7. �Iea•nr ec��nT:�e_n,t ch�ll l�e n?;er2t�� ±i�c�r._i ±h� ban�s rather tran �n t?�e s��am �ha�nPl in er�er to minim�ze sedimentation and reduce the�introduction of other pollutants into the stream. [15A NCAL 02H.0506�b)(3)I 18. All mechanized equipment operated nea�r surface waters must �e 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)] 19. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [15A NCAC 02H.C506(b)(3); 20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to su�~face waters is prohibited. [15A NCAC 02H.0506(b)(3)] 21. The permittee and its authorized agents shall cenduct its activities in a manner consistent with State water quaPity sta.ndards (including any requirements resulting from compliance with §303(d) of the Clean Wa±er Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that such standards or lawc are not being met (including the failure to sustain a desianated or achieved use) or that State or federal law is being violated, or that iurther conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 22. 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 subse.quent 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)] 23. 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 ,�-,;% i�igE-,fy v;sible fencin� �,rior �o �a�►y land distar�;ng aciivities. ]m_pacts to areas withir� t'ie fe.ici„g �re,�i-:,hiUi�ed us-�less otherwise authorze� by this certi.ftcation. [1 �A NCfiC O�H.OS� 1 and .C5021 24. 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. locai, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 25. T'he 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)] 2S. Upon completion of the project �i.*�clud'u2g any impacts at associated borrow or waste sites), the NCDOT Divis:on Engineer (or whomever is the authorized agent if a non-NCDOT project) shall complete and return the enclosed "Certification of Comp�etion Form" t� notify the NCDWR when all work included in th� 401 Certification has been completed. [ 15A NCAC 02H.0502( fl] 27. Native riparian vegetation (i.e., 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 gowing season following completion of construction. [15A NCAC 02B.0233(10)] 28. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit withoui 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(bx3) and (cl(3)] 29. 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 Pracrices 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 thev equal, or exceed, the requirem�nts specified in the most recent versinn ot'the North C�rolinn Se�imen,t �r.d Er�c�nn C'ontrol Manual. The �ev:ees shal! hP .m.,a�.r,ta�ned nn a!I cor.st�-uction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits zssociated with the project. c. For bonow 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. T7ie reclamation measures and implementation must comply with the reclamation in accordance with thz requirements of the Sedimentation Pollution Control Act. 30. Sediment and erosion control measures shall nat be placed in wetlands or waters unless otherwise approvzd by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)] If you wish to contest any st�tement in the attached Certifi�ation you must file a petition for an administrative hearing. You may obtain the petition form from the o�ce of Administrative hearings. You must file the petitian with the office of Administrative Hearings within sixty (60) days of receipt o� this notice. Ei 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:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. T'he 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. T'he mailing address for the Office of Administrative Hearings is: Office of Administrative Heazings 6714 Mail Service Center Raleigh, NC 27699-6714 Te�ephone: (919) 431-3000, Facsimile: (919) 431-310U A copy of the petition must also be served on D�Q as follows: Mr. Sam M. Hayes, General Counsel Deparhnent of Environmer.tal Quality 1601 Mail Service Center This letter completes the review of the Divisien of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Rob Ridings at 919-707-8786. Sincerely, L ,�� S. Jay Zimmerman, Directar Division of Water Resources Electron::, capy �nly dist�:hution: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Chris T�Iurray, Division 5 Environmental Officer Beth Hannon, Division of Mitigation Services File Copy ,.' Water Resources ENVIRONMENTAL OUALITY NCDWIi Froject No.: Applicant: Project Narr�e: �ate of Iss�iance of �i01 Water Quality Certification: Couniy: E'A"I' MCCROR�' DONAI,D R. VAN I)�;R VAART �. JAY 'I,IMMERMAN Certifcaie of Compietian Upan cor:�pletion of all work approved within the 401 V�'ater Qua:ity Certification or applicable Buffer Rules, and any subseyuer.t modificaiiors, the appiicant is requirecl to return this certificate to the 401 Transporiation Permittir►g Unit, 2v'er�h Carolir,a Division of Water Resources, 1617 Mail Service Center, Raleigil, NC, 27b99-1617. This form may �e ;:;turr,�d t� NC�`J�'R by th� applicant, the appl�cant's uuti-�orized ag�7t, cr tre praject engir,;e.. It is r�:,t ��ecessary to send cert� icates from all of these. �pplicant's Certificutio�i 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 specifcations, �nc� other supporting materials. Signatu� e: Daie: .9ger1's �e: � f ��:ti�:z 1 , hereby state that, to the beat of my ab:liti�s, due care and diligen�e was used in the o�servation of the construction such that the cor�struction was observed to be built witl-iin substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and ather sup�orting materials. Signature: Date: Engineer's Certi�eation Partial Final I, , as a duly registered Professianal �nginee: in the State of North Carolina, having been authorized to observe (periodically, weekly, fuil time) the construction of the project for the Permi�te� hereby state that, to the best of my abilities, due care and �iligence was used �n ihe observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Wa�er Qual�ty Certification anu Buffer Rules, the approved nlans and spe�ifcations, and oiher supporting materials. Si�iature R: gist;�tic,n N�. D2±e S[ate of tiorJ; Carulina !Em.�i:ormzntal ;)calihv j Water Rss�!uce; 1017 iNail Service Center, i:�leigh- Nvr�l�� Carolina 21599- i�l' i �e 3i� 6' l� �� `'�, e,�'a ° "`� �� '" ,z, '�� " �� "i � � �x �h. c:+a'= _ . , , : P : 't� �i �h �� .��`� € -� ..''y.iF . -'-, , .> ��.-.-aa �rr�. -* � f ..�a'i` .✓�9 '�<: `� `�.��x ... ._`� .... , , . .. . ...: