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Home My WebLink About20170942 Ver 1_Approval Letter_20170815En viron rlie�i ta I Q1(Q�I ( y Site Totals ROY COOPER Gorerna� MICHAEL S. REGAN ser,-erarv S. JAY ZIMMERMAN Orreca�r August I5, 2017 Wake County NCDWR Project No. 20170942 SR291I TIP No. G5604 APPROVAL of NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr. Mukund Moghe, Roadway Project Engineer City of Raleigh 222 Wes[ Hargett Street Raleigh, NC 27602 Dear Mr. Moghe: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of sidewalk and Vansit improvements to SR 291 I(New Bern Ave) in Wake County: Zone 1 Impact Zone I Buffer Mitigation Zone 2 Impact Zone 2 Buffer Mitigation s ft Re uired usin 3:1 ratio s k Re uired usin 1.5:1 rati[ 109 N/A 1757 N/A II58 N/A 1183 N/A II55 N/A 1992 N/A 2422 0 4932 0 * n/a = Total for Site is less than V3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project: 7354 square feet. The project shall be constructed in accordance with yoor application reeeived July 24, 2017. This approval is valid for the Neuse Riparian Buffer Rules (15A 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) Sedimen[ and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for [he purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWR and submi[ a new applica[io�. Ifthe property is sold, the new owner must be given a copy of this Certifica[ion and approval letter, and is thereby responsible for complying with alI the conditions. If rotal wetland fills for this project (now or in the fumre) exceed one acre, or of total impacts ro streams (now or in the fumre) exceed I50 linear feet, compensarory mitigation may be required as described in ISA NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in I SA NCAC 2B.0233. For this approval ro remain valid, you must adhere to the conditions listed below. State of Notth Caroline I Gnvironmen[al Quality 1617 Mail ServiceCemer I Raleigh, North Carolina 2 7699-1 61 7 Conditions of Certification: 1. 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] 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 Transportation 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] 3. 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. 4. 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 02B.0200] 5. During the construction of the project, no staging of equipment of any kind is perxnitted in waters of the U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)] 6. 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)] 7. 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)] 8. 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)] 9. 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 Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 10. 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)] 11. 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)] 12. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [15A NCAC 02H.0506(b)(3)] 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 14. 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] - 15. 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 on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 16. 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] 17. 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. 18. 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)] 19. Upon completion of the project (including any impacts at associated borrow or waste sites), the project manager shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the Certification has been completed. [15A NCAC 02H.0502(fl] 20. 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)] 21. 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)] - 22. 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 [15ANCAC 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 1he 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. 23. 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 [o contest any statemen[ 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 pe[ition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when i[ is received in the office of Administrative Hearings during normal office hours. The Oftice of Administrative Hearings accepts filings Monday through Friday between the hours of S: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 Administra[ive Hearings. The petition may be faxed-provided the original and one copy of the document is received by the Office of Adminishative 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) 431-300Q Facsimile: (919) 431-3100 A copy of [he peti[ion must also be served on DEQ as follows: Mr. Bill F. Lane, 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, , l , ��'� -�' , w V�� S. Jay Zimmerman, Director Division of Water Resooroes Electronic copy only distribu[ion: Jason Hartshorn, Kimley-Horn File Copy Environmenlal Qcicilrty NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: ROY COOPER Gorernor MICHAEL S. REGAN S'ecre(arr S. JAY ZIMMERMAN r��«��,� Certificate of Completion Upon completion of alI work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequen[ modifications, the applican[ is required to return [his certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resoumes, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applieanYs authorized agent, or the project engineer. It is not necessary ro send certiflcates from all of these. ApplicanYs Certification 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 in[ent of the 401 Water Quality Certifica[ion and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agen/'s Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the consreaction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Qoaliry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Cerlifention 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 [hat the construc[ion was observed to be buil[ within substan[ial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and o[her supporting materials. Signamre Date Registration No. State of North Camlina I Envimnmen[al Quality 1617 Mail Service Center I Raleigh, North Camlina 27699-1617