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Home My WebLink About20170800 Ver 1_Approval Letter_20170720En viron m en ta! Quality Site I i 'Cut,�l Rc)Y COOPER �r .,:,�.... MICIiAEL S. RGGAN S. JAY 7_IMML-;RMAN n�iy zo. 2e i � 'J�'akz Coimty NCDWit Project hio. 201 i0800 SR Iti24 TIP No L1-550:'. APPROj'AL of �Ol WA � ER QUALITS' CERTIFICATION and JORD,�ti BUFFER Al�`THORIZATiON, with ,1DDITIONAL CONDITIONS Mr. Tom Ellis. PE Tuwri ui Cary Facilitiel Gesign 6r. Transooriation Servicea � 16 tiorth Academv Street Cary, NC 27513 Dear Mr. Ellis: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of realigning SR 1624 in Wake County: C�ream Imi Site � Permanent Fiil i� Inrennirtrnf ' Strcam�line�r f�i---- - ----L---�-- � I 163 5 ------ � Total 153 Totsl Siream 7mpact for Projectr tl95 linear feet o.o i --- o.o� C.O� Sile � Totai 1�'etland i P�rmanent FiIY in Perenniai _Stream iiae5�_i�_ 0 32 32 in the Ca�c Fear Rivzr Basin �. fa:l � Mechar.lzed Clearine 0 0.12 � 0 {� 0.02 -- ---------L--- - --- -- ------ -- Tota� Cape Fear Bas:n Wetland ImpaM for Project OZt3 �cres. "Ibtai Stream Impart � lincar ft --� —�- --� Iti3 ---- 32 ----� �u5 I Total �Vetland Impacl (ai p ^? 0.01 - ��.Q� ---- O.U3 --- ---0.28 ----- We!land Im i� in the Neuse River [3:�sin _ Hand Cieariu�(ac) �_Total Wetland In�Pact ac) O.Q i O.�Jl Total Neuse Basin Wetland Impact for Projech 0.01 acres. O.i? f 0.01 � — — --� £.iele u! Vr,rih �2rnlmG', `invimnc,?rtal I�uoliN 161 7 �tail SCi v�ce i.'emt� j kalei@h. Nurtii <.Trohna _'i6v9-lo 17 Jordao Ri risn BuRer Im acts Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 Impact WetlAoAs Buffers (not MiHgation !mpast (sq ft) in Zane 1 weUands) Required (sq ft) (sq ft) (sq ft) (using 3:1 retio) f�R] To[als I 20173 I 9023 � 11150 I 33d50 � 135iI 'Potal ButTer Impact for Project: 33744 square feet minus Wetiaods io Zooe 2 (39 �) 734 = Zone 2 'Looe 2 Bufter BuRers Mitigation (oot Required (asiog wMlands) 1.5:1 retio) � 3308 4962 952R 14292 12536 I 19254 The project shall be wnstructed in accordance with your application received 7une 28, 2017 Afier reviewing your application, we have decided that these impacts are covered by General W ater Quality Certification Number 4088. This certification correspouds to the Nationwide Permit 14 issued by [he Corps of Engiueers. This appro�al is also valid for the Jordaa Lake Riparian Huffer ( I SA NCAC 28.0267). In acldition, you should acyuire any other federal, staie or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control. Non-Discharge and Water Supply Wazershed regulations. This approval wil! expire with the ae:companying 40d pern�it. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project chw�ge, you must notify thn NCDWR and submit a new applicatioa [f the property is sotd, 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 rotal wetland fills for this project (now or in the future) exceed one acre, or of total impacu to streams (now or in the future) exceed 150 linear feet, compensatory miNgazion may be required as described in I SA NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B.0267. For this approval to remain valid, you must adhere to the conditions listed in the General Certification and an}' additional conditions listed below. Cunditions of Certificalioo: l. Compensatory mitigatlon for impacts to I 1150 square feet of protected riparian buffers in 'Lone 1 and 12836 squate feet of protected riparian buffers in Zone 2 shall be required. We understand ehat yo� have chosen to perfonn compensatory mitieation fnr impects to protected bnffers through use of the North Carolina Division of Mitigation Services (DMSI (formerly NCEEP). Mitigation for unavoidable impacts to Jordan Riparian Buffers shall be provided in the Jordan Basin aud done in accordance wiUi ISA NCAC 2B.0295. The DMS has u�dicated 'ui a letter daled June 2Q 2017 that they will assume responsibility for satisfying [he compensatory mitigation requirements for the above- referenced project, in accordance with DMS's Mitigation Banking Instrument signed June 14, 2016. 2. Unless othenvise approved in this certification, placement of culverts and other swctures in open waters and sneams, shall be placed below the elevation of the streambed by one foot for all culveru with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts havin¢ a diameter less than 48 mches, ro allow low How passage of water and aquatic !ife. Desig� and placement of culverts and other swctures including temporary erosion control measures shall not be conducted in a manner that may result in dis�quilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. 7 he applicant is required to provide evidence that the equilibrium is Ixins maintained if cequested in writing by the NCD W R. If this condition is unable to l+e met due to bedrock or other limiring features encountered during construction, please contact the NCDWR for guidance on how to proceed ard ro detecmine whether or not a permit modificatinn will be reyuirzd. [ 15A NCAC 02H.0506(bx2)] 3. If multiple pipes or barrels aze reqeired, they shall be designed to mimic natural stream cross section as closely as possible including pipes or bazrels at fleod plain elevation and/or sills where appropriatx. Widening the strexm chatme! should be avoided. Stream channel widening at the inle[ ot ouUet end of stn!cb�res typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupu aquatic life passage. [15A NCAC 02Fi.O50o(bx2)] 4. Riprap shall nut bz placed in the active tlialweg channel or piaced in the strexmhed in a manner that pre:ludes ayuatic life �assage. Bicengineering boulders or suucmres should be properly desig�ed, sizeA and installed. [I SA NCAC 02H.0�0(i(bx2)] 5. For any streazns being impacted due to site dewateriug activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(bx21J 6. 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 minimiu impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stabiliry. My applicable riparian buffer impact for access to stream channel shall be temporsry and be revegetated with native ripa�ian species. [15A NCAC 02H.OSQ6(bx21] 7. All stortnwazer ntnoff shail be d'ueded :ts sheetflow tivough stream buffers at non-erosive velocities, unless otherwise appruved by this certification.[15A NCAC 28.0267] 8. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and reve�etated. Maintained huffers shall be permanentty rev�getated with non-woody species by the end ol'the growing szason tolluwing completion of constru�Kion. For �he purpose of this condition, maintained buffer areas are defined a+ areas within the transportation corridor that will be subject to regular Transpor�ation maintenance activities including mnwing. The area «�ith non-maintained buffers shall be permanently revegetated with native woody species beforo the next growin� season following complMion of construMion. .[15A NCAC 2B.0267] 9. Pursuant to 15A NCAC 2R.0267, sediment and erosion control devices shall not be placed in 7.one 1 of any Jordan Bnffer without prior appmval by the NCD WR. At this time, rhe NCDWR has npprov¢d no sediment and erosion control devices in Zone l, outside of the approved project impacts, any�vhere on this pmject. Moreover, sediment and erosion control devices shxll be ellowed in Zone 2 of the buffers provided that Zone I is not compromised and that discharge is released as diffuse flow. 10. If concrete is used during construction, a dry work area shall be maintained to prevent d'vect contact between curing concrete and stream wacer. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the poten[ial for elevated pH and possible aquatic life and fish kills. [ I SA NCAC 02B.02W] 11. I�nng the construction of the project, no staging of equipment of any kind is permitted in waters of+.he U.S., or prorected riptvisr. bet'Fers. �15A NCAC 02HASOb(bx2)] 12. The dimension, paKem and profile of the sveam abcrve and below ihe crossing sball not be modificd. Distivbed Floodplains and streams shall be restorcd to natwxl geomorphic condi[ions. [15A NCAC 02H.0506(bx2)] l3. The use of rip-rap above the Nortnal High Water Mark shall be minimized. Any rip-rap piaced for streazn stabiliratiun shall be placed in streum chrmnels in such a manner that it does not ernpede aqualic life passage. (15A NCAC 02H.0506(bx2)] 14. The Permittee shall ensure [6at the final design drawings adhere to the pertnit and to the pertnit drawings submitted for approval. [ 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 @)(2) and (cx2)j I5. All work in or adjacent to slream waters shall be conducted in a dry work area. Approved BMP measures from lhe most curtent version of NCDOT Construc[ion and Maintenxnce Activities manual such as sandbags, ruck berms, cofferdams and other diversion structures shall be used to prevent :xcavation in flowing water. [15A NCAC 02H.OS�Nx3) �d ��X-�)l 1G. Heary eyuipment shall be operated from the bnnks rather than in the sffeam channel in order to minimize sedimentation and reduce Ltie introduction of other pollutanks into the stream. [ I SA NCAC 02H.0506(bx31] 17. All mechanized equipment operated near surface waters must be regularly inspected and maintained ro prevent contamination of stream waters from fuels, !ubricants, hydraulic Fuids, or other toxic materials. [15A NCAC 02}I.0506(bx3)l 18. No rock, sand or other materials shall be dredged from the stream channel excepc where authorized by this certification. [ISA NCAC 02H.0506(bx3)] 19. Uixhazgieg hydrosePd �nixtures and washii�g out hydmseeders and other eqaipment in or adjacent to cw-faze waters �s prohibited. ; I SA NCAC 02H.OS�i6(b)(3jj 20. The permittee and iu authorized agents shail conduct iu activities in a manner consistent with State water quality standerds (induding any requirements resulting from compliance with §303(d) uf the Clean Water Aci) and any other appmpriate reqnirements of State and Federal law. If the NCDWR detertnines t4�at such standards or laws are not being met (including the failure to sus[ain a designated or achieved use) or that Stste or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify Utis certification. [15A NCAC 028.0200] 21. AL fill slopes located in ,jurisdictional wMlands ahall t+e placect at slopes no flatter �han 3:1, unless othenvise authorized by this certification. [ i 5A NCAC 02H.0506(b)(2)] 22. A copy of this Water Quality Certification shall he ma�ntained on the conslruction site at xll times. In addiNon, tlte Water Ouality Certification and all subsequent modifications, if any, shall be maintained with the o�i-sice project manager. [15A NCAC 02H .0507(c) and ISA NCAC 02H .0506 (bx2) and (cx2)] 23. The outside buffer, wetland or water Iwundary Iceated wiihin the constni�Kion corridor approved by tt�is authurization, including all nun-commercial borrow and waste sites associated witl� the pro�ect, shall be clearty marked by highly visible fencing prior to any land disturbing activiries. [mpacts to areas within the fencing aze prohibited unless otherwise suthorized by Utis certification. [ I SA NCAC 02H.0501 and .0502] 24. The issuance of this certification dces not exempt the Pertnittee from complyinR, with any and all sfaoates, rules, regulatians, or otAinances that may he imposed by other government aeencies (i.e. local, state, and federal) having j�visdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentaHon control requiremenu, etc. 25. The Permittee shall report any violations of this certification to the Division of Water Resources wi[hin 24 hours of discovery. [15A NCAC 026.0506(bx2)] 26. Upon completion of the project (including any impacu at associated borrow or waste sites), the permittee shall complete and retum the enclosed "Certification of Completion Form" to notity the NCUWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�] 27. Nafi�e riparian ve�etation (i.e.. trees and shrubs nadve to your geogrr.phic region) must be reestablisheA in the riparian areas within the construction limits of the oroject by che end of the erowing season following completion of construction. [ 15A NCAC 02B.0267] 28. There shall be no excuvation 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 bortow sites, be located in wetlands ur streams, compensatory mitigation will be reyuired since that is a direct impact from road construction activities. [ISA NCAC 02H.0506(bl(3) and (cx3)] 29. Erosion and sediment control practices must be in full compliance with all specifications goveming the proper design, installation and operatiun and maintenance of such Best Management Practices ia ordzr to protect surface wate�s standards [15A NCAC 02H.0506(bx3) and (c)(3)]: a. T'he erosion and sedime�rt a�ntrel measures for the project must be designzd, installed, operated, and maintained in accordance with the most recent version of the .North Carolina Sediment and Erosion Contro! Planning and IJesign Manual. b. The desi�, installation, operxtion, and maintenance of the sediment and emsion control measures must be such that they equal, or exceed, the requirements specified in the most rec;eot version oF the North Curolina Sediment and Erosinn Cnnn•ol Manual. The devices shall be maintained on all con,truction sites, borrow sites, and waste pile (spoil) projects, includinp contrsctor-owned or leazed borroN� piu associated with the project. c. F'or borrow pit sites, the erosion and sedimenY control measures must be designed, installed, operated, and maintained in acco:dance with the most recent cerion of the North. Carolrna Su�'ace bfixrng Munual. d. The reclamation measures and implementation must comply with the reclamation in aceordance with the requirements of the Sedimentation Pollution Control Act. 30. Sediment and erosion ccntrol measures shall not be placed in wetlr,nds or u�aters unless otherwise appro��ed by this Certificatioo. [ISA NCAC 02H.OSUG(b?{3) and {ck3)] If you wish to wntest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition fortn from the office of Administrative hearings. You must 61e 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 Heazings during nortnal office hours. T'he Office of Administrative Hearings accepts filings Morday thruugh FricLay between the hours of 8:OOam and S:OOpm, except for official siate holidays. The originai and one (1) copy ofthe petition must be filed wi$� the Office oF Administra[ive Hearings. The petition may be fa�ced-provitied the original and one copy of the document is received by the Office of Adminisuative Hearings within five (5) business days following the fa�ced uansmission. The mailing address for the Office of Administrative Hearings is: Ofiice of Administrative Hearings 6714 Mail Service Cen:er Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of tAe petition muc[ also be served on DEQ as follows: Mr. Bill F. I.ane, 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 questians, please contact Rob Ridings at 919-707-8786. Sincerely, �% �A / S. Jay Zmmerman, D' or Division uf Water Rtsowces Electronic cepy anly distribution: Eric Alsmeyer, US Atmy Corps of Engineers, Raleigti Field Office Ron Joluison, AECOM Beth Harmon, Division of Mitigation Services File Copy Enviro��mentul Qtta;ity ?1CDWR Project No.: :Eppfcant: _ Project Name: Date of Ics��ance of 4Ql �ya2er Q!iality� Certifirorion: Cowdy: ---- R��Y COOPILR MICI�INiL S. REGAN SJAY ZIMMERMAN Certificate of f_„mplelion �Ip�n cump{ztiun uf all wurk npi��oved witl�in the 401 W'arer Ou�Gty Czrtification or apGlicable f3uffer Rules. and an} �uL,equent maditicatian;, thz applicant is requi:ed to return this certifica[e ro[he 401 Tt'ansportation Parmiftinc Uni�. North Carulina Division of W'ater Resources. 1617 Mail Service Center. Raleigh, NC. 27699-1617. This forni map be returued �o NCDVYR by the anp�ica��i. ii�e applicani's auihori�ed aeent. nr the prujec[ eueineer. 1[ is no[ necessan tc send certificztes from all of these. ApplicnnYs Cer[ijcafinn I, , hereby state that, ro 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�[he 401 Water Quality Certitication and Bufter Rules, the approved plans and specificalions, and oLher suppurtiug rnaLcriais. Sier.at�ire: --- - -- - -- ----- I)�te — -- .4gen1's CeniftcuNun I, hereby state that, ro the bes: of m� abilities, due care and diligence was used in the observatfon of the construction such that the construction was observed ro be built within substanual =��Vliauce snd iuteni of thc d01 Water Qua!ity Certilica:icn and Bu;Fer Rule�. tt:e appru�ed plann and specifications, and olher siipportin�� materi�ls. Signa.ure: F.ngi�reePs Cerrificn�inn Putial Final I, , as a dufy rcbisterzd Prcfessioual Enginzer iu the Stste uf Nurth Carolir�a, having bee� au!hor(�e:1 to ebszrvz (periodicafl}�. «eekl}', full time) ,he constructien of ihe prnjzct for the Pemuttee herzby s[ate that, [o the best of my abili[ies, due care and diligence was used in the observation of the cimsiruction s��ch ihai [he i:onstnic[ion was observed w hz buil[ wi�hin subsiaNial cumpiiancc and inczn[ ofthr 401 Wa[er Quali[y� Ccrtif:cation and Butier Rules, the approved plar,s and specitica[ions, m�d o.h�r supportiag materals. Signatura Dat� _ Re�i;naiion Nu. —_-_ _ i�..e u[ 1nni� ��aroi:ca i, Er.ancm,.�cn;zi Quahry I o i 1 Maii 5ernoe i tntei I��aleigi�, iVbrtl i t arulmu [7Fi99�� I�� I i