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HomeMy WebLinkAbout20160212 Ver 2_Approval Letter_20161010;, Water Resources ENVIRONMENTAL GIUALITY Site 0 0 f'A'1' MCCRORY DONAL[) k. VAN DER VA,1R'I �. JAY IIMM�RI�IAN vctober 10, 2016 Wake County DWR P�oiect Na. 2016G212 ver 2 M�Crimmon Pkwy ! NC 54 B};�ass Town af Morrisvil;e MOD1F!CATION of APPRQVAL cf 401 WATER QUALITY CERTIFICATiQN and �`dEUSE SUFFER �►UTI-iORIZATfON, �vifh AUDiTIO�AL CQ�IDITIONS Mr. Blake Mills, Director of Public Works Town of Morrisville 414 Aviatior Pa:kway Morrisville, NC 27560 Dear Mr. Mills: You have our approval, in accordance with the conditions listed below, for the purpose of extending McGimmon Parkway in Wake County. Stream Im acts in the Neuse River Sasin Site Permanent Fill in intermittent iemporary Impact to Total Stream Impact _`____Siream llinear fti `__ �___Intermittent Stream (linear ftl �� (linear ft) ----- = -- _ , , i - -- _ 1 36 , _�_ _-----b� -- -- — 3--- ----------�80- ------- ------- �L--- ---- I �2'' -- �--1---- -- �� ------ — - � -- --- ��-- -- Total I 336 I 73 i 409 Total Stream Impact for Project: 409 linear fee4. Wetiand Im acts in the Neuse kiver Basin Site � 1'ermanent F'ill (ec) Tem orar Fill ac Total Wetland imp� 2 0.0125 I 0.0017 . 0.0 i 42 7'otal I 0.0125 i �.OG17 I Totai Wetland Impact for Project: a.0142 acres. Neuse Riparian Buffer Im�acts _ T Zone 1�mpac. Zore 1 Suifer i�iitigation Zor�e 2 impact (sq ft) Re�uired (usi�3:1 ratio) _ (sgft) _ --- 3002 -- - - N/A R53 11401 34203 19556 —1------ -- I 1_656 � NiA ; 1296 G.0142 Zone 2 3uffer N'iitigation RecLuired (usir.�l.5:1 ratio N/A __ 29334 NiA T�tnis ' 1605'3 � 34::a3 ' l i i �5 � 2>'33� I I ��� * n/a = Tota! for Site is less than !/3 acre an� 150 linear feet cf impact, no mitigatior required Total B�ffer �mpact for Qroject: 3i764 square feet. Sate of No;t1i Carolina I,Emironmzetsl Qua':i!y', i",'at�r Rc�ources to17 Mail Sarvice Ceriec Raleiyh, North Carolina 27f,99-1617 Phcne:9i5-B�J7-630G The project shall be constructed in accordance with your application received March 2, 2016 and Mitigation proposal received Ociober 4, 2G 16: Ai�er reviewing your application, we have decicied ihat tuese impacts are covered by General Water Quality Certification Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. 'This approval is also valid for the Neuse Riparian Buffer Rules (1�A NCAC 2B.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 Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval replaces the one issu€d .�iarch 34), 201�. This approval is valid solely far the pu�pose aad desigc descri��d in your appiication (unless modified beiow). Shoule your project change; y�u must notify the NCDV4R and submit a new application. Ii tue property is sold, thz new owner must be given a copy of this Certification and approval ietter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the fi.xture) exceed one acre, or of total ir�pacts ta streams (now� or in the future} exceed 150 linear fee±, compensatory mitigation may be required as described in 15A NCAC 2H .OSOo (h) (6) and (7). Additional Uufier impacts may require compensatory mitigation as described in 15A NCAC 2B.G233. For ihis approval to remaui valid, you must adhere to the conditions lisied in the attached certification and any ad�litional aonditi�ns listeci l�elow. Conditions of Certification: 1. Ccmpensator,� mitigation for impacts to I 1401 squa:e feet af proteated ripa�ian buff rs in Zone 1 and 19556 squa:e feet of protected rinarian buffers in Zone 2 shall be required. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers ttu�ough use of debiting credits from the Town's Morris��ille Community Park Stream and Buffer Restoration Project, (DWR Project #20020820.) Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done in accordance with 15A NCAC 2B.0295. The Town of Morrisville has indicated in a letter dated October 4, 2016 that they have available credits for satisfying the compensatory mitigation requirements for the above-referenced project. The permittee shall snow the debit of tiiese credits in their Mitigation credit ledger. 2,. iJnless oth�t��i�e a�prm�ed �n thi:� �ert�fica±ien, plac�mPnt �f �ulver�s ar.d othe* sh-��crire� �n epen v�aters ar.d streams, shall be placed belaw the elevatien of the streambed by one foot tor a11 culverts with a diameter greater than _ �8 iaches, and 20 pe:cent of the culver'c u�:amete: far culve:-ts having a diamet�r iess tnar. 4L :nches, to ailow lo:v fl��� �assage of water and aquatic life. Design and placement of culverts and other structures inciuding tempora�y erosion _ contrcl rneas�res shall nat be conducted in a manner that may result in dis-equilibrium of v✓etlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equi�ibrium is Y,eing maintained if reGuested Ln writina b;� the NC��JVR. if this condition is unable to be met due to bedrock or other limiting features encountered during construction, p]ease contact the NCDWR for guidance on how to proceed and ±e determine w?-iether or not a perrrtit m��ification wii? be reqEzired. [ISA NCAC 02H.0506(b j(2j] 3. If m�iltiple giFes or barrels are required, they shall he desigr�ed ta mimic natura: streari cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of strucri�res typically decreases water veloc�ty causing sediment deposir_ion tl:at requires increased mainter�ance and disrupts aquatic life passage. [15A NCAC 02H.OSU6(b)(2)] 4. Riprap shall n�t be placed in the active thalweg chanr.el o: placed in the streambed in a manner that precludes aquatic iife passage. Bioengineering boulders or siructures should �e properly designed, sized arid installed. [1�H NCA� 02H.0506(b)(2)] S..For any sNeams being impacted due to site dewatering activities, the site shal_I be graded to its preconstruction conto�ars and revebet�ted with appropriate native speciPs. [15A NCAC 0�H.0�06(b)(2)] ' � O. r'�ii SiOI'ri3W�:er r�:r.ofi snail bz durB�t�C� 8S SI'iCCt1�O�V iil:'O��i Si;ec^..^,7 �l'.Tfe�s at nor.-erosive VEIQ�II±eS, UI'i�CSS otherwise approved by this certification. [15A NCAC 2B.0233] 7. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconsiruction coniours anci revegetated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular Transportation corridor maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated with native woody species before the next growing season following completion of construction. [15A NCAC 2B.0233] 8. PursGant io 15A I�CAC 2B.023�(o j, sedimei.t arid erosion conirel devic�s sn�li r_ot oe placed 'ni Zone 1 of any Neuse Buffer without �rior approvaI by ihe NCD��. At this time, the NCDWR has approved no sediment aad erosior conirol devices �n Zene 1, outside fli the approved project impacts, anywhere on this project. i1�loreover, sediment and erosion control devices shail oe aliowed in Zone l oi the buffers provided that Zone 1 is not compromised and that discharae is released as diffuse flow. 9. If concrete is used durir�g coiish-uctioti, a dry work area sl�all be maintained to preveni direct contact between curing concrete ancl siream water. Water ti��at inadvertently contacis uncured concrete shali not be discharged to surface waters due to the potential for elevated pH and possible aqiiatic life and fish kills. [; SA NCAC 02B.Q200] 10. Dr!ring the constr��ction of the project, no staging of equipment of any kind is permitted in waters of tne U.S., or protected ri.parian buffers. [15A NCAC 02I-i.0506(b}(2)j i 1. The dimension, patiern and nrofile of the stream ahove and below the crossing shall not be modified. Disturc+ed floodplains and streams shall be :estared to natural geomo�hic corditions. [15A NCAC 02H.0506(b)(2); 12. The use of rip-rap above the Norrnal 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)] 13. 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)] 14. AlJ werk ir. nr aci;ace:�t *..o strPam �x�aters shal! be ��nc!ucte� i� a�nr v�rnrk arPa. Annroved i3.MP me3s�:rPs from the most current versior. of I�TCDOT Construction and Pdaintenance Activities manual such as sandbags, rock berms, c�ff rdams and ather �iv�rsien structu:es shall he us�d to preven� eYcavaiior. :n i�owir�g wat:r. [15�1 NC �C 02H.0506(b)(3) and (c}(3)] I5. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation a�id re��ce the int�adnction of other pelhatants int� the stream. �15A NCP.0 02H.�505(b)(3)] l6. All mechanized equiprnent operaled rear surface waters must be regularly inspected and maintained to prever.t contaminution of stream v�aters from fuels, lubr:car.ts, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)(3)] l7. No rock, sand or other materials shall be dredged from th� stream channel except where authorized by this certifcatior.. [15A NCAC G2H.0505(b;(3)] 18. Discharging hydroseed mixtures and wachin� out hydroseeders and other equipment in or adjacent to si�rface waters is prohibited. [] SA NCAC 02H.0506(b)(3)] 2C. The perriittee and its authorized agents shall conduct its activities in a manner consistent with State �vater quality standards (including any requirements resu?ting from compliance with §303(d) of the Clean Wzter Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that such standards or laws are not being met (in�luding the failure to sustain a designated or a�:hieved use; or tnat State or federal la�i� is beina violated, or th�t h:rther canditions are necessary tc assure �ompliance, the NCD`1�'R :nay reeva?uate and modify this certification. [I SA NC.AC G2B.G'2,+1Ui 21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise a.ztho::zet'i by tnis ce�ti�cati�n. [; SA NCAC li2.H.b506(�,;l�i� 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 subsequent modifications, if any, snall be maintained the on-site project manager. [15A NCAC 02H .0507(c) and l5A 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 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] 24. Tne issuance of this cei-tific�iion does not exem�i the Permittee from complying w:th ar:y anu ali statutes, :ules, re�ulatiens, or ordinances that may �e imposed by other govenment agencies {i.e. lo�al, state, and federal) having jurisdiction, incl�ding but not limite� ro applieable buffer rules, stormwater managemenY ru?es, so:l �resion and sedimentation control requirements, etc. ' 25. The P�rmittze shall report any vialations of this certification to tl:e Divisi�r� cf Water Resourc�s with:n 24 hot;rs of discovery. [l5A NCAC 02B.0506('0)(2)] 26. Upan co�npl�tion of the pr�ject (incl�d',ng any impacts at associated borrow or waste sites;, the perrrLttee shall complete and ret�rn the enclosed "Certification of Completion Form" to notify the NCDWR when all wark included in the 401 Certificaiion nas been comple+ed. [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 th� project by the end of the growing season following comnietion of construction. [15A NCAC 2B.0233(10)] 28. There shall �e no excavation from, or waste disgosal into, ji:risdictional wetlands or �vaters 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)] 29. Erosion and sediment cont�•ol practices must be in full cornpliance with all specifications governing the proper design, installation and operation a.nd maintenance of such Best Management Practices in order to protect surface waters star.dards �? SA NCAC 02H.OSQS(bjiz? an� (c)(3?;: a. :}.e e:esion and seui..�ent cilntroi measures iar the praject must bv 3esigned; :nsta:led, cperaied, and �naintained in accardance with the most recent version of the North Carolina Sediment and Erusion Control Pla�zning and Design Manual. b. The design, installation, operation, and maintenance of the seciiment and erosion control measures must �e ssch that they eq�aal, or exceed, tdie reGuiremenis specified in the rnost recer.t veision of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, boirow sites, and wwaste pi?e (sp�ii) projects, including contractor-o•.v3ied or ieased boirow pits ass�ciated with thz �rojeat. c. For borrcw pit sites, the erosion and sediment con?rol meast�res must be designed, insta:lecl, operated, and maintained in accordance with the most recent version of the North Carolina Suriace Mining Manual. c1. Tl:e reclamation measui•es and imp;ementatian must comply with the reclama�io�i in accordarice with the requiremenTs of the Sedimentation Pollution Coatrnl Act. 3t�. �ediment and erosion conirol measures shall noc be placed in wetiands or waters unless otherwise approved by tnis Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)] If you wish to coniest any statement ir the artached Certification yeu must t�le a petition for an admir.istrative hearing. You may obtain the petiticn farr:i from the office ef Auministrative hearings. You must fIe the petitien ?v:iCi i}1S O: 'CE L�: Pi(�P.i1;11Stfc�ilt': i�8�tj'LT;bS Vli?Iili. S!�C`� �OG j Gd�� O: I':C:.11J� OI 13115 T10�1CC. !�1 �3.•tiL:�ii IS CvIlSiaere�a 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 f�� off;cia? ��a?e ,Iafidays. T� e�ri^ina; ani one ii; ccpy er the neri ;�7 rrnst �e flec3 :�vi�h the Csf ��� of A .miuzs�ative ; iearin�s. 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. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919? 431-3000, Facsimile: {919) 431-31fl0 A copy �f the perition must also be served on DEQ as follows: Mr. Sam M. 'rIayes, General Counsel Department of Environmental Quality 1601 Mail Service Center This letter completes thz review of the Division of Water Rasom•ces under Section �01 of the Clean Water Act. If you have any questions, please contact Rob Ridings at 919-707-8786. Sincerzly, �� �� �S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: Tusha Al�xander, T TS Arr:i}� Corps of Engir.eers, Raleigh Field Offic� ,Tas.,r� Hartwho.rn; Kimley-Hor.� Katie Merritt, NCDWR Fi1e Copy r Water Resources ENViRONMENTAL OUALITY i�iCDWR Project No.: Applicant: �ro.ject IYame: Daie oi issuance of 401 Water Quality Certification: COUI1t)': 1':1"C MCCRI)R.1 I)ONAI,ll 1? \'AN U1?R VAAIt"1 �. J:�l' %IMM�-;RMAN Certif7cate of Compleiion Upon �ompletion orall woric approved ��ith:n tne 401 W'ater Qaality Certification or appiicable Buffer Rules, and any subsequent maaifcations, the applicant is required to return this certifir�ate to ttie =ifi 1 Transportat�cm Pern�itting Unit, North Ca�olina Division of Water Reseurces, 16�? T�Iail Servi�e Cenier, Rai��gh, NC, 275�9-1617. This fo:m rr�ay u2 Tei�liilEu i0 iViC�iv'��R vy' t}ie apNlicant, iil� a�piiCSilt'S cliii}].,ri�ed ager,i, ai the pivjCCi E7�iC,:;C;. jt 1S i1C�i necessary to send cef-tificates .`rorn all of tl-iese. Applica:tt's Cert;frcution 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, 2n� other suprorting materials. Si�natu� e: Date: ,�ge�;t's C�rtifi�ut:o,7 [, , hereby state that, to the best of r,:y abilities, due car� and dili�ence was used in the observation of the coustraction such that the construction was observed to l�e buiit within suustantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specitications, and other sup�ortir,g materials. Signature: Date: Engineer's Certifrcation Partial Final 1, , as a duly registered k'rofessional Er.gineer in the State of North Carolina, having been autnorized to observe (periodicaliy, weekly, full time) the construction or the project for the Perroittee her�bv state toat, to the best of my abi(ities, 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 Qualiry �ertifcatior, anu Baffer �ules, the app�oved plans and specificat�ons, and otl�zr supporting �naterials. Signat�i�e itegis�ration No. Date State ot N:,r.L Caroiina',E��, iro�u7entai Qualiry i 5���,�r kesources. 1617 Mail Se�vice Car�ter, Raieigh, No��n Ca�olina 27699-16i7 ptane: Si5-'^7'-630i;