HomeMy WebLinkAbout20180363 Ver 1_Approval Letter_20180327i�
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Envrronmentul
Quality
ROY COOPER
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MICHAELS. REGAN
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I.INDA CULPEPPER
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March ?7, ?018
W'ake Counlv
NCDW R I'roject No. ?01 A0363
Neuse Qossino Connector
APPROV.4L of 101 �1'ATER QL'.4LITY CERTIFICATION and NF,USE BCFFER AUTHORIZ.4TION,
N�ilh ADDITION.aL CONDITIONS
Mr. Kris Morley-Nikfac Greenwa} Planner
Cit} of Ralcigh
3�3 West Hareett Street
Raleieh, NC ?7601
Dear Mc Kris Morley-Nikfar:
You have our approval, in accordancr �vi[h Ihe conditions listed below, for tlie folloH�in, impacts for the purpose of
constructin� tlie Neuse Crossim� ConnecWr in Wake Count�-:
Strcam I
Site Riprap in Pcrennial
Strcam (linear fq
se River 12
To[al
ao
i the Neusc Rircr 6asin
Temporary Impac[ To Perennial
li
34
a9
Total titream Impact for ProjecL• 89 Iinear feet.
Neuse Ri arian Buffer Im acts
Site Zone 1 Impact Zone i I3uffer Mitigation Zune 2 Impact
!sa ffl Reauired (usine 3:1 ratiol IsU ft)
6i68
Totals � 6568
N�A
N/A
0
* n'a = Tolal lor Sile is less than I'+ ncre and I�0 line�
Total Buffer Impacl for Project: I0350 square tee[.
1731
Total Strcam Impact
(linear ftl
6?
89
Zone 2 Buffer Mitiga[ion
'.equired (usinQ I.5:1 rati�
N+A
3782 I 0
of� impact, no miti,ation required
The project shall be constructed in accordance with your application received March 19. �018. Atter reviewin, your
applica[ion, we have decided that these impacts are covered by Genzral Water Qualily Cettitication Number d 13i.
This certification corresponds to [he Nationwide Permil 14 issued by the Corps ol' Engineers. This approval is aiso
valid for the Neuse Riparian Bufler Rules ( I?A NCAC ?6.0233). In addition, yuu shuuld acquire an}' other federal,
sta�e or local permits befure you proceed with your projett includin, (but not limired to) Sediment and Erosion
Control. Non-Discharge and Water Supply Wa�ershed reeulaiio�u. This approval will espire u�ith �he accompanying
d0a pemiit.
Sl;nc n(Nurth Carolina I CnnronmenWl I?imlit}
IOI7M1leilServireCrnter Ralri@h_NnrthCuruhnu'_7h�)9-Ihl7
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. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters.
This water sha11 be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3)]
2. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel,
on the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior approval from the
NCDWR. [15A NCAC 02H .0506(b)(3)]
3. 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)]
4. For any 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)]
5. 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]
6. 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 corridor 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]
7. 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.
8. 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]
9. 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)]
10. 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)]
11. 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)]
12. 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)]
13. 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. [ISA NCAC
02H.0506(b)(3) and (c)(3)]
14. Heavy equipment shal] 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)]
15. 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)] �
16. 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)]
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
18. 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]
19. 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)]
20. 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]
21. 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.
22. 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)]
23. Upon completion of the project (including any impacts at associated borrow or waste sites), the permittee 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]
24. 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)]
25. 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) ,
26. 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 Carolrna Sedrment and Erosron
Control P[annrng and Design Manua[.
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 Contro! Manual. The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoip projects, including conhacror-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 Carolrna Surface Mrnrng
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
27. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the top
of bank, without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (cx3)]
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 Adminisuative Hearings within sixry (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during nortnal office hours. The Office of
Administrative Hearings accepts filings Monday Uvough Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one ( I) 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) 4313000, Facsimile: (919) 431-3100
A copy of the petition mus[ also be served on DEQ as follows:
Mc Sam M.Hayes, 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,
�f�
Lin ulpepper, In rim Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
David G. Cooper, Ecological Engineering, LLP
File Copy
Environmen Kil
QUG7/liY
NCDWR Project No.:
.4pplicanh
Project Name:
Date of Issuance of �01 Water Qualih Certificafion:
County:
ROY COOPER
i;urnvnn
MICHAEL S. REGAN
�, � � , i�,.�
LINDA CULPEPPER
Gnrrim l�u�.�r�or
Cerfificate of Complefion
Upon completion of aIl work approved within Ihe 401 Water Quality Certitication or applicable Butler Rules, and
an}' subsequent moditications. Ihe applicant is required to retum ihis certificate to the 401 Transportation Permitting
Unit. North Carolina Division of Water Resources. 1617 Mail Service Center, Raleigh, NC 27699-1617. �ihis fonn
may be returned [o NCDWR by the applican[, the applicant"s authorized a�,ent. or Ihe pr�ject en!_ineer. It is not
necessarv to send certificates from all ofthese.
.-1 pplirm�Ps Certificnlinn
I, . hereby state that, tu Ihe bes[ of m�� abilities, due care and diligence
was used in the observation of the construction such that the construction w;�s observed to bc built within substantial
compliance and inte�n of the 401 Water Qualit} Certitication and Bufler Rules. lhc approved plans and
speci(ications. and other suppurting materials.
Sienature: Date:
.-lgenl's Cerfrficallon
I, , hereby s[ate [hat, to the best of my abilities, duc care and diligence
was used in the observation of [he construction such that Ihe construction was observed to be built w�ithin substantial
compliance and intznt of [he �101 Water Quali[y Certification and Rufter Rules, thc approved plans and
specitications, and other supporting materials.
Sienature:
Engineer's Cerlificntine
Partial Final
1, , as a duly registered Professional F,neinecr in the S�ate ol North
Carolina, having been authorizcd to observe (periodically, weekly, full time) [he cons[ructiun of the project for [he
Permittee hereby state that, to the best of my abilities. due care and dili,ence was used in the observa[ion oFthe
construction such that the consiruction was observed to be built within substamial compliance and imem of the d01
Wa[er Quality Certification and 6uffer Rules. the approved plans and specifications. and other supporting materials.
Si�,naiure
Date
Registra[ion No.
titate ol Nnnh Curolina I Fm irnnmcnml Quuhn
I nl7 Mml Sen�in• Crnler I Rulcigh_ Nunh Coroluw'_7G�ri)-I<�I �