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Home My WebLink About20160897 Ver 1_Approval Letter_20161121Environmental Quality PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary JAY ZIMMERMAN DWR Director November 21, 2016 Wake County NCDWR Project No. 20160897 NCSU Initiative Way Extension APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Steve Bostian, PE 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 extending NCSU's Initiative Way in Wake County: Stream Impacts in the Neuse River Basin Site Permanent Fill in Perennial Stream (linear ft) Temporary- Impact to Perennial Stream linear ft Total Stream Impact ilinear ft Stream Impacts Requiring Mit' ation linear ft) 1 201 10 211 201 Total 201 10 211 201 Total Stream Impact for Project: 211 linear feet. Neuse Riparia Buffer Impacts Site one 1 Impact (sq ft Zone 1 Buffer Mitigation Required(using 3:1 ratio) Zone 2 Impact (sq ft(using Zone 2 Buffer Mitigation Required 1.5:1 ratio 1 13125 39375 8193 12290 Totals 13125 39375 8193 12290 Total Buffer Impact for Project: 21318 square feet The project shall be constructed in accordance with your application received October 20, 2016. After reviewing your application, we have decided that these 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 Buffer Riparian Buffer Rules (15A NCAC .0213 .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. <7�"Nothing Compares— State of North Carolina I Environmental Quality 1611 Mail Service Center I Raleigh. North Carolina 27699-1611 919-707-9000 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 property is sold, the new owner must be given a -copy of this Certification 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 described in_15A NCAC.2B.0233. For this approval to remain valid, you must adhere to the conditions listed in the general certification and any additional conditions listed below. Conditions of Certification: 1. Compensatory mitigation for 201 linear -feet of impact to streams is required. We understand that you have chosen to perform compensatory mitigation for impacts to streams through purchasing credits from the EBX-Neuse Buffalo Branch- Site,-fronn Resource Environ mental 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. 2. Compensatory mitigation for impacts to 13125 square feet of protected riparian buffers in Zone 1 and 8193 square feet of protected riparian buffers in Zone 2 shall be required in accordance with 15A NCAC 213.0295. We understand that you have chosen to -perform compensatory mitigation for impacts to protected Neuse buffers through purchasing credits from the EBX-Neuse Mitigation Banks, 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 otherwise- approved in this certification, placement of culverts and other structures in open 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 ofwater and aquatic -life. - Design, and placement of culverts and other structures including temporary erosion control nteasu es s'_nall not be conducted.in-a manner that may result in dis-equilibrium-of wetlands or streambeds or banks, -adjacent to or upstream_ and stremn 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 not a permit modification will be required. [15A NCAC 021-1.0506(b)(2)] 4. If multiple pipes or barrels are required, they shall be designed to mimic natural stream 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 structures typically decreases water velocity causing sediment deposition.that requires increased maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)] S. 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 properly designed, sized and installed. [15A NCAC 02H.0506(b)(2)] 6. For any streams being temporarily impacted due to site dewatering activities, the site shall be•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 extent practicable. Efforts must be made to Tninimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stability: Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with :native riparian species. [iSA IvTCAC 0211,0506(b)(22'] 8. 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] 9. - All riparian:buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and 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 NCDOT 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. [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 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 compromised and that discharge is released as diffuse flow. 11. 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 inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 0213.0200] 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)] 13. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] 1-4. The use of rip -rap above.the Normal 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)] 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 0211 .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 Aciivities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 0211.0506(0)(3) and (c)(3)] 17. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)] 18. All mechanized equipment operated near surface waters must be 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 021-1.0506(b)(3)] 20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent 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 standards (including any requirements resulting from compliance with §303(d) 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 0213.02001 22. A copy of this Water Quality Certification shall be maintairied on the construction site at dill times. The Water 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)] 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 by highly visible�f ncing 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. 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. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 25. The 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)] 26. Upon completion of the project (including any impacts at associated borrow or waste sites), the permittee 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] 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 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 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 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 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 they_equal, or.exceed; the recruirements specified in the, most recent version of the Nord? Carolina :Sediment and Erosion Control Manual. The devices shall be maintained on all construction .sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. _ .For borrow 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. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 30. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)] If you wish to contest any statement in -the attached Certification you must Be a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings 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' filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of AdmLnistrative Hearings. The 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) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department 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 questions, please contact Rob Ridings at 919-707-8786. Sincerely, D%-1� S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: Tasha Alexander, US Army Corps of Engineers, Raleigh Field Office Elias Ruhl, Froehling & Robertson, Inc. Katie Merritt, NC DWR Rob.rFile Copy Environmental Quality NCDWR Project No.: Applicant: _ Project Name: Date of Issuance of 401 Water Quality Certification: County: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary JAY ZIMMERMAN DWR Director Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certifrcatlon 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, and other supporting materials. Signature: --- _-- Date: -_ ----- _-- Agent's Cert y1cadon 1, , 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, and other supporting materials. Signature: Engineer's Cernfieation Partial Final 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee 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, and other supporting materials. Signature Registration No. Date <' 'Nothing Compares-� State of North Carolina I Environmental Qualitv 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919-707-9000