The URL can be used to link to this page

Home My WebLink About20160897 Ver 1_Approval Letter_20161121£nviron men ta! Qua(ity Sire 1 Total Site I Totals PAT MCCRORY rnvcrno� DONALD R. VAN DGR VAAR"I' ��:.,m�.e.rv JAY %IMMERMAN �� u��.i.� Ncve:nber 2 L 2010 Wakz Coimry NCDWR Project No.2G760897 NCSII Initiative Way Extension APPROVAL of d01 WATER QUALITY CERTIFIC.ATION and NEUSF. BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mc Steve 6osiian, FE NCSU Capital Project Management PO Box 7520 Raleigh, NC 27695-7520 Dear Mr. Bostian: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of extendi�g N�SO's Initiative Way in Wake Cour.ty: Stream [mpacis in the Ne � Pern�nnrnt F31i ;�3 1'ereneia! � Temporary ln�2cS ti� � Striem (i��ear it) i Pe:enaial Siream (linear LOI � 10 �— ----y— --- — I i 2nt I lu Total Stream Impact for Pmject: 211 linear feet. Zonc 1 lmpact 13125 (3125 Zoo� 1 Buffer Mi:igation tequired (using 3:1 ratic 39375 39375 Total Buffer Impact for Project: 21318 sqoare feet Tot2i dt�e�� 'i eh��aai ir�p: cis (<aquirine 211 21? icts � 2 [mpact (sq ft) 8193 8193 201 Zooe 2 Buffer Mi�iga.ia� Required (usine 1.5:I ra[iol 12290 The project shall be constructed in accordance with your application received October 20, 2016. After reviewing qour application, we have decide�' that these �mpacts are covered by General V✓ater Quality Certitication Nomber 3886. This certification wr.esponds :o the Na[ionwide Permit I a issued by the Corps oi Engineers. Tnis approval is aLo valid fur ±ue Neuse B�ffer Riparizr. Buffer Rules (i5A NCAC .026 .029�). ln sd�litior,, you iheul;l acquire any other federal, state or Iocal permits before you proceed with your project including (but not limi[ed tu) �edimenc and Frosion Control, Non-llischarRe and Water Suoply Watershed regolations. � his approval will expire with the accompanying 404 permit. ""'Nothir�g Compares --. , Sta�a oftiortli Carolinn I Hnviromneutul Qualiry 157 ; Mail °,ervice i:en[er i 2aleigh. No�tG Cnrolina 27G9q-I!i i I ql , ,0, a��n�, - T'his approval is valid sole:y for the pi:cp�se and design described in �our application (unless modified bzlow). Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, the - new owner must bz given a-copy of this Certifica�ion and approval letcer, an1 is �hereby responsioie %; complying with aIl tne conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of totai 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 des�ri.bed in.:SA NCAC.2B.0233. For this anpro�al to rernain val;d, you must adhere to the conditions listed in the gene. al aertification an� any ad�itional canditions list�� belc�v. �onditions af �ertificatian: ?. C.ompensatory m�tigation for 201 ]inear.feet of impact to streams is required. We understand that you have chosen to perforrn cor.iper.sator,� mitigation for impacts to streams through parchasing credits from the EBX-Neuse Buffalo B.anch- Site,-frem Resourc;, Environtnental Solutions, LLC. The Mitigaticil Bank o;�vrier• hzs icidicated ir. a let�er dated September 2,. 2016 th�t they have credits available for the abov�-referenced project. Before any construction begins on thisproject, the permittee shall submit to NC DWR written proof that the purchase of the credits have been campleted and paid. 2. Compensatory mitigation for impacts to 13125 square feet of protected riparian buffers in Zone 1 and 8193 square _ • feet of Yrcteated r;parian buffers in Zone 2 shall be required in accardance with 15A NCAC 2B.0295. �'Ve understand .._. . that you hav� chosen to_perform compensatory mitigation for impacts to protected Neuse buffers tllrough purchasing credits from the EBX-Neuse Mitigation Banlcs, from Resource Environmental Solutions, LLC. The Mitigation Bank _ _ owner has indicated in a letter dated September 2, 2016 that they have credits available for the above-referenced project. Before any construction begins on this project, the permittee shall submit to NC DWR written proof that the purchase of the credits have been completed and paid. �--� - 3: Unless oiherwise-approved iti triis certification, placement of culverts and other structw•es in open waters anci - ---' � streams, shall be placed nelow the elevation of the streambed by one foot far all culverts with a diamet�r greater than '" -�-� �-48-incnes, and 20 percent of the culvert diameter for culverts having a diameter iess tlian 48 inches, to allow iow flow passage ofwater and aquatic-life. Desi�n and placement of culverts and other structures includir,g temporaiy erosion -�� - .�. controi nieasw•�s s'_nail vot be conducted.in a manner that rnay resuit in dis-equiiii�rium af wetlan�s ot• sireambeds or � _ - banks,,adjacent to or up�tream_and��iown s�rea.-n of the ab�ve structures. The appli�ant is required to provide tividence �� . that the equilibrinm. is-being maintained if requested in writing by the I�TCDWR. If this condition is unable to be.met ._.-._ .- ---- .: - . due to bedrock.or otherlimiting features encountered during construction, please contact the NCDWR for guidance on - � how t� praceed and to detennine whettier or not a permit r�iadification will Yz requued. [15A NCAC 02Ii.050G(b}(2)] 4. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible includir.g pipe� or barrels at flood plaui ele��ation and/o: sil?s where apprapriate. Wideuing tlle stream ..,. channel should be avoided. Stream-channel widening at the inlet or outlet end af structures typically decreases water ,.. _ velor_ity. causing sediment deposition.that requires increased maintenan�e and disrupts a�uatic life passage. f 15A ._ NCAC 02H.0506(bj(2)] 5. Riprap shall not be placed in the active thalweg chanr.el or �laced in the streambed in a manner that precludes � aquatic life passage. Bioengineering boulders or structures should be prope�3y designed, sized and installed. [15A NCAC 02H.0506(b)(2)] 6. For a�y straams veir,g ter,iporarily i-npacted due to site dewatering activiiies, the site sha:l bz�graded to its preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)] 7. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum ea�ent �racticable. Eifo �s must be rc�ade to r,linimize impacts to the stt•eam ba;ilcs, as well as to vegetation responsible for maintaining the stream bank stability: Any anplicable riparian buffer ;rripact fo�• access to str�am channel shall be t��npc:rary ar�d h� r�ti-e�eta�ed witii :iat�v� ri�as ian sp�ci�s. � i�A �ICAC �2iI.0�0a'�i�)��)] 8. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless _. _ otLei•wise �pt�rov.,� by ihis certific�tioi.. [15A NCAC 2B.0233] 9. A�l riparian:buffers ilari�acted by tbe aiacem�i;t of temporary f Il o� c.zaring activities shall be r�store.�i to the precons�tetic�n coilto�vs ar_d r�vegefateu. �faintai51et1 buffers shall he Yennaner_tiy revegetatad with non-:��o�dy spe�ies by thz end of the g:o�ving seasor. following completion af canstructien. For the purpose of this cor.dition, � maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT � nair�tenaiice activities ir,cluding mowing. Tiie area with non-ma�ntained buffers shali be perinanently revegeiaied with native woociy species before the next growing season following completion of construction. [i5A NCAC 2B.0233] 10. Pursuant to 15A NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any - Net�se Buffer without prior approval b� the NCDWR. At this time, the NCDVVR has approved no sediment and _ zr�sior. contrcl dev:ces :a Z�ae 1, oatside of the approved pr�ject ;mpacts, ar.y��here on th:s prcje�t. P.'�areover, sediment and erc�sion cont� oJ devices sliall be allowed ir� Zone 2 of ihe buffers p; ovided that Zone 1 is not compromised and that discharge is released as diffuse flow. 11. if concrete is used during construction, a dry work area siiall be maintained tu prevent direct contact beiween _._ curing concrete.and stream water. _Water. ihat inadvertently contacts uncured concrete shall not be discharged to surfa�e wate:s due to the �otential for elevated pH an� possible aquaiic life aad fish kills. [15A NCAC 02B.0200] 12. During the construction of the project; no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)] ] 3. The dimension, pattern and profile of the stream above a:�d below the crossing shall nat be madified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] . ; L4. 'I'he use of rip-rap above.the Normal High Water Mark shall be minimized. Any rip-rap nlaced far 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)] 15. 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)] 16. All w�rk in or adjacent to"stream-waters shal: be conducted in a dry wor�c area. Approved BIvIP measures from --- the most cun•er�t version of NCDOT Consiruction and Niaintenance Aciivities nianual such as sandbags, rock berms, � cofferdams and otl�er diversion structures shall be used to prevent excavation in. flowing water. �15A NCAC :__ 02H.Cj�G6�o)(3) and (c)(3 jj ' - � _ 17. Heas� equipment shall be �perated from the banks rather than in the stream channe? in order to minimize � se�iiment�tion and reduce the introduction of other pollutants into #he stream. [15A NCAC 02H.0506(b)(3)] 18. All mechanized equipment operated near surface waters must be regalarly inspected and maintained to prevent contamination of sixeam waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)l3;] . 19. No rock, sand .or other materials shall be dredged from the stream channel Pxcept where authorized by this ..- certificaiion. [15A NCAC 02H.0506(b)(3)j 20. Disch�rging hydroseed mixtures and washing out hydroseeders and �ther equipment in or adj acent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] . 21.. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality star�dards (:ncluding any� r�qu;rements resuiting fro::� cor:ipliar.ce witl-, �303(�) of the �lean t�Vater Act) and any othe: �- appropriate requirements of Stat� and FederaI law. If the NCDWR determines that su�h standards or la�Ns are not being . met (including thz 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 NCllWR may reevaluate and modify this certification. [15A ivCAC G2$.G200j ' '�. fi C,Q�"v,' �f±hi3 �'2i�P ��3�1.�� Cet�ifica;ior: �h�li be mait�iniTie� c�r� til: COi1S17`UCilOTi 31iv ii� il.i t11IlPj. 1']lz w21c`_0I Quality Certification and all subsequent modifications, if any, shall be maintained with the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 2?. T11P outside.,b�ff��-, wetland r�r v✓at�r�Uound�iy located wit�ir. tbe constrLict:an cor-±�idcr ap�roveci by ihis ' _ nUif10Y17�t1011, including aJi non-cominercial'uo,—.ow knd waste sites assoc;ateu ivith the project, shall be cl�arly inark;,d by highly visible�f ncing pricr to any land distarbing acti��ities. Impacts to areas within the fencing are prahibited ur.less otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502] 24. The issuance of this certification does not exempt tne Permittee from complying with any and aIl siatutes, rules, � regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation cor.trol requirements, etc. � 25. The Perniittee sha11 report any riolations of this certificatior, to the Division oi l�Vater Resources within 24 haurs ef � discavery. [15A NCAC 02B.0506(b)(2)] � 26. Upon completion of the project (including any impacis at associated borrow or waste sitesj, the permittee shall compiete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NC�C 02H.0502(f;] �- 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 pr�ject by the end of the growing 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 � p;,rmit w:thout 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 control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3]): �� a.- =The erosion and sediment control mezsures far th� proje;,t must be designed, instailed, operated, and " - �- � F�� mauitained in accordance with ihe most recent version oC the North Crirolina Sediment und Erosion � -- � Control Planning and Desi�n Manuul. �..�-� �_ _ _•� �.-. b. -1he design, installati��n, operaiion, and maintenance ot tlie sedinient and erosion c�ntrol measures must _- -� -�� .- . -. - - - ba su^h that they_equzl, or.exceec�; the r�q:.tire:;ients specified in the, masr recent version of the Not•tl? � ..._ - ...- • Carolina:Seddmen! an�l Erosior. Control Manual. The devices shall be maintained on al! constn�ction _,- _ -� .� .�.sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits - �_ assaciated with the projec�. . . ,. -_�c. _.For borrow pit sites, the erosion and sedic:ment control measures must be designed, ins±ailed, operated, -- and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. � ... . d. The recl2mation measures and implementation must comply with the reclamation in accordance with the ,.... . requirements of the Sedimentation Pollutien Control Act. - 30. Sediment and erosion control measures shall not be placed in ��etlands or waters unless otherwise approved by this Certification. [15A NCAC 02H.0506(b)�3) and (c)(3)] � If you wish t� coatest any statement ir.�t::e attachzd Ceri:ification you riust f le a�etition for an admir�isnative . hearirg. You may obtain the petition form from the office of Administrative hearings. You must file the petition � with the office of Administrative Hearirigs within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts'fiiings Nfonday tlirough Friday between the t�ours of B:OOain and S:OOpm, exce�it .._ for. of.6cial state holidays. The origiaal and one �l) copy of frie pe�ition u�ust be f led with the Gffice of A�':t'iLr�istrat�v� 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 Ute faxed transmission. T'he mailing address for the Office of Administrative Heazings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699fi714 Telephone: (919) 431-7000, Facs:mile: (919) 431-3100 A copy of the petiNon must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Ckpardnent of Environmental Quality 1601 Mail Service Center This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act If you have any ques6ons, please contact Rob Ridings at 919-709-8786. Sincerely, V �� S. Jay Zimmerman,n `Director Division ofWater Resources Electronic copy only distribution: Tasha Alexander, US Army Corps af Engineers, Raleigh Field Office Elias Ruhl, Froehling & Roberlson, Inc. Katie Merritt, NC DWR Rob.rFile Copy Environmen tu ( Quality NCDWR Projec! No.: _ A�plicant: ---- -- ---__ Project Name: Date of �ysoance of 401 Water Quality Ccrtification: County: PA'1' MCCRO2Y UONALD R. VAN DF.R VAAR'I� JAY IIMMERMAN Certificate ef Completion lJpon completion of all work approved within the 401 Water Qualiry Czrtification or applicable Buffer Rulzs, and any subsequent modificatiors, [he appGennt is required to retun this certificate [o thz 401 Trunsporta[ion Permitting Unit, North Carolina Division of Water Resources, I617 Mail Service Center, Raleigh, NC, 27699-1617. This fortn may be returned [o �1CDWR by the applican[, the applican['s authorized agent, or the orqiect engineec I[ is no[ necessary to send certificates from all of these. App/icanYs Cettiftcafinn �, , 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 eompliance and intent ot the 401 Wa[er Quality Certification and Buffer Rules, the approved plans and apecifications, and other supporting materials. S!�na[ure� __ __ D3te: Agep:'s �er:ificatiott l, , 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 sobstantial compliance ttr.d ir.tent of tlie 401 Water Qusliry Ce:tification and Buffer Rules, t!�e approved plans and specifications, and other supporting materials. Signature: Engineer's Certifrca(ion Partial Final I, , zs a duly registemd Prefessional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) Ihe construction of th2 project fo: the Pertnittee hereby state that, to the best of my abihties, due care and diligence was used fn the observation of the constmction sucb thai the construction was observed to be buil[ within subatantial compliance and intent of the 401 Wa[er Quality Certifica:ion and Butfer 3u!es, the approved plans and specifications. ar,d other supporting materials. Signaiure Dale Registration Nu. �'Nothing Campares -_, Stala efNortli Cumlina'i Euvircnmentnl Quelity ' SI 1 Msil 5erv�.:e Crn!er I Ralei¢h, North Ca�oiina _'7699-� ` I I 919-�0',-OG(?f,