HomeMy WebLinkAbout20170968 Ver 1_Approval Letter_20170807Environ men fn (
QUQ�Ity
ROY COOPER
corrru�,r
MICHAEL S. REGAN
.se�,�crui�r
S. JAY ZIMMERMAN
virrcrr,r
August 7, 2017
Durham Counry
DWR Project No. 20170968 vec I
SR 1637
Stare Project No. 15005.1032011
APPROVAL of �OI WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
wi[h AUDITIONAL CONUITIONS
Mr. J.R. Hopkins, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Stree[
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
the post-hurricane removal of failed culvert under SR 1637 in Durham County:
Total Open Water Impact for Project: 0.20 acres.
Neuse Rioarian Buffer I
Site Zone I Impac[ Zone 1 Buffer Mitigation Required
s ft usin 3:1 ratio
Totals 22850 N/A
"` n!a = Impact allowable, no mitigation required
Total BuPfer Impac[ for Projech 27630 square tee[.
Zone 2 Impact
a�so
Zone 2 Buffer Mitigation
:eauired lusina 1.5:I ratii
N/A
The projed shall be constn�cted in accordance with your application received August 4, 20 U. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 4085.
This certification corresponds ro the Nationwide Permit 3 issued by the Corps of Eneineers. This approval is also
valid for the Neuse Riparian Buffer Rules ( I SA NCAC 2B.0233). 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.
Stare of Nonh Camlina I Em�ironmen[al Quality
1617 Mail Service Camer I Raleigh. Nonh Carolina 2 7699-1 61 7
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. To minimize turbidity and sediment in surface waters, NCDOT shall make thorough use of multiple turbidity
curtains, as described in the Construction Feasibility Study dated July 2017, as Alternative III, included in your
application. Project personnel shall routinely check the turbidity curtains, including after rain events, to ensure that
minimal turbidity escapes the containment area. If significant turbidity is observed beyond the perimeter of the �
curtains, the project shall be temporarily halted until corrective action can be made. NCDOT shall notify the
Division of Water Resources within 24 hours of containment failure. [15A NCAC 2H.0506(b)(3) and (c)(3)]
2. 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 gowing season following completion of construction. [15A NCAC
2B.0233]
3. 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)]
4. 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)]
5. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
6. 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 02B.0200]
7. 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, 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)]
8. 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 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]
9. 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.
10. 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)]
11. Upon completion of the project• (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer 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]
12. 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)] &[15A NCAC 02B.0506(b)(2)]
13. 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)]
14. 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 requirements specified in the most recent version of the North
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.
15. 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)]
16. When final design plans are completed for the construction of the replacement bridge, a modification to the 401
Water Quality Certification and the Neuse Riparian Buffer Approval shall be submitted to the NC Division of Water
Resources. Final designs shall reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands,
streams, and other surface waters, and buffers.
If you wish to�contest any statement in the attached Certification you must file 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: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.
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. Bill F. Lane, General Counsel
Departrnent of Env'vonmental Quality
1601 Mail Service Center
T'his lette� completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. [f you
have any questions, please contact Rab Ridings at 919-707-8786.
Sincerely,
� ���o�,
S. Jay Zimmertnan, D'vector
Division of Water Resources
ElecVonic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Chris Mwray, Division 5 Envirorunental Officer
Travis Wilson, NC Wildlife Resources Commission
File Copy
Envrronmental
Quofrry
NCDWR Project No.:
Applicant:
Projec[ Name:
Date of Issuance of 401 Wa�er Quality Certification:
Countv:
ROY COOPER
cnrer,u,�
MICHAEL S. REGAN
Storrurr
S. JAY ZIMMERMAN
nr� e� i��,
Certificate of Completion
Upon completion of all work approved within [he 401 Wa[er Quality Certification or applicable Buffer Rules, and
any subsequent modifica[ions, the applican[ is required ro return this certificate to the d01 Transportation Permitting
Uni[, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This fortn
may be re[urned to NCDWR by the applicant, the applicant's authorized agent, or the projec[ engineec It is no[
necessary to send certificates from all of these.
,4pp/icmv's Certificnlion
1, , hereby stare 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 substanfial
compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signamre: Dare:
Ageir�'s Cerlification
�, , hereby state that, to the bes[ of my abili[ies, due care and diligence
was used in the observation of the construction such that the construction was observed ro be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting marerials.
Signawre:
Engiiieer's Cerlifrcation
Partial Final
1, , as a duly registered Professional Engineer in Ihe State of North
Carolina, having been authorized to observe (periodically, weekly, full [ime) the construction of the projec[ for [he
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 Certifica[ion and Buffer Rules, the approved plans and specifications, and o[her supporting materials.
Signature
Date
Regis[ration No.
Slare ol North Carolina I Envirunmtmal Qualitr
1617 Mail Service Center I Raleigh. Nurth Carulina 27699-1617