HomeMy WebLinkAbout20160769 Ver 2_Approval Letter_20171009Environrneniaf
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ROY COOPER
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MICHAEL S. REGAN
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S. JAY ZIMMERMAN
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October 9, ?O I 7
Wake County
DWR Prqject No.?0150769 ver2
Bridge ?7 on SR 3006
State Project No. 17aP.5.R.51
APPROV.AL of 401 WATEH QUALITY CF.RTIFICATION and NEUSE BUFFF.R AUTHORI'LATION,
with ADDITIONAL CONDITIONS
Mr. J.R. Hopkins. P.E.. Division Engineer
NCDOT. Division i
26I3 North Duke Street
Durham, NC 27704
Dear Mr. Hopkins:
You have our approval. in accordance with the conditions listed below, for ihe followin� impacts For tlie purposz of'
replacin� 6ridge ?7 with s culvert in Wake Counry:
Permanent Fill in Perennial
Stream (linear ft)
5()
50
itream Im acts in the Neuse River Basin
Riprap Stabilization to Temporar}� Dewatering to
Perennial Stream Ilinear ft) Pcrennial Siream Qinear ff
I+
III
Total Stream Impact for Project: 206 linear feet.
I (Ulilir
? IRoad
Totnls
Neuse Ri arian Buffer I
Zone I Impact Zone 1 Buffer MitiQ�tion
sc ft Rc uircd (usin� 3:1 ratio)
5�70 N�A
�1i 5 N; A
0 0
6133 N;A
12138 0
* n/a = Impact Allowable: no mitigation required
Total 13uffer Impac[ for Project: 17913 square feet.
45
cts
Zonc 2 Impact
1263
7i�1
5775
Total Strcam
173
33
206
Zone 2 Buffer Mi[igation
.equired (usinQ 1.5:1 rati�
N;A
NA
�;q7
N�A
2342
The project shall be consVuc[ed in accordance with your application received August 8, ?016 and renewal request
dated October 6. 2017. After reviewing your application, we have decided that these impacts are covered by
General Water Quali[y Certification Number 4088. �ihis certitication corresponds to [he Nationwide Permit 14
issued by the Corps of I:neineers. This approval is also valid for the Neuse Riparian Buffer Rules ( I�A NCAC .03B
0�95). In addition, }'ou should �cquire any other federal, s�ate or local permi[s before }ou proceed with your project
including (but not limited to) Sediment and Grosion Cumrol, Non-Discharge and W'ater Supply N'atershed
reeulations. This approval will expire ti'ith the accompinying 404 permi�. This approval replaces the one issued
September 6, 2016.
ticitrol Nm1h l'utuhm i, h:nvirnnmen[al clu�hn'
1617 4foil Serricr Centu � Rulelgh. North C;irnlina :7n9a-1617
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 attached certification and any additional conditions listed below.
Conditions of Certification:
1. Compensatory mitigation for impacts to 1561 square feet of protected riparian buffers in Zone 2 shall be
required. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers
through use of the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP). Mitigation for
unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done in accordance
with 15A NCAC .02B .0295. The DMS has indicated in a letter dated August 3, 2016 that they will assume
responsibility for satisfying the compensatory mitigation requirements for the above-referenced project, in accordance
with DMS's Mitigation Banking Instrument signed June 14, 2016.
2. 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 of water and aquatic life. Design and placement of culverts and other structures including temporary erosion
control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream 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 02H.0506(b)(2)]
3. 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)]
4. 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)]
5. For all streams being 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)]
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 minimize 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. [15A NCAC 02H.0506(b)(2)]
7. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for
Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
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 pertnanently revegetated with
native woody species before the next growing season following completion of construction. [15A 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 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)]
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)]
14. 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 02H .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 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)]
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 02H.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 02B.0200]
22. 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)]
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 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]
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 NCDOT Division
Engineer (or whomever is the authorized agent if a non-NCDOT project) 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 exce.ed, the requirements specifed 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.
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 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
Depardnent 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,
V 6`�
S. Zimmerm , D'uector
Division of Wazer Resources
Electronic copy only dishibution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Envirorunental Officer
Beth Hazmon, Division of Mitigation Services
File Copy
Environmental
Qtrf�lilY
NCDWR Project No.:
.4pplicanh
Project Name:
Da[c of Issuance of 401 Watcr Qualitr� Certifica[ion:
Count��:
ROY COOPER
v�,��.,�,��„�
MICHAEL S. RF.GAN
s�-�„r,�� �
5. JAY ZIMMERMAN
r��,,.�v„�
Certifica[e of Completion
Uppn cumplztion of all wurh approved �vithin lhe d01 N'�ter Qualih� Certiticatiun or applicable Bu(fer Rules, and
any subseyuznt modiGcatiuns, thc applicant is reyuired to return this certiticatc to the 401 "fransponation Pennitting
Unit. Nonh Carolina Division of W'ater Resources. 1617 Mail Service Center, Raleieh, NC 27699-1617. This form
may be rewrned to NCDWR by the applicant. the applicant's authorized acent. or the pn�jzct engineer. It is not
necestiarv w srnd ctrtiticutes from all of diese.
:Ipplicm,r'.�' Crrrificnrin„
I, , hzreby sta[e lha�, to the best o(m�� abili[ies, due care and dilieence
was used in the observatiun ol the construction such thal the construction was observed [o be built within substantial
compliance and intent of [he J01 N�'ater Quali�y Certihcalion and Buffer Rules, diz approved plans and
specitications, and other ,upportine ma�erials.
Sienaturc: Date:
:tgenPs Certifrev�rio�e
l, , hereby slate that, to tliz bes[ of m� abilities, due care and diligence
was used in the obszrvation of thc construction such that the construction was observed to be built within substantial
compliance and intent of the 40I Water Quality Certification and Buffer Rules, the approved plans and
specitications, and other supporting materials.
Signature: Date:
F_i�gineer's Cerlt'Tcntio�r
Partial Final
I, . as e duly re��istercd Prol'es,ional En�ineer in Ihe S�ate of North
Carolina, having been authorized ro observe (periodically, weekly, lull time) thz consVuction uf �he projcct for d�e
Permi[tce hereb}� state that, to the best ol m}' abilities, due care and diligence was used in d�e o6servation of the
construction such [hat the construction was observed to be built within substnntial compliance and intent of [hz 401
Water Quality Certification and Buffer Rules, the approved plans and spesifications, and othtr supportin� ma[erials.
Sienature
Date
Re�islration No.
Slaic ol' N��rth G�mlinu I P.ncironmenlal Qualin
1617 Mad Senicc Ctmer I Rsleieh. N�mh Carulin;i'_?f.���)-I61'