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Home My WebLink About20160769 Ver 2_Approval Letter_20171009Environrneniaf Qll�rirll� Si[e 1 ? Total Site ROY COOPER Goie�nia� MICHAEL S. REGAN 1� rrrmrr S. JAY ZIMMERMAN i�� . �,,» 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'