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Home My WebLink About20190090 Ver 1_Approval Letter_20190123ROY COOPER cwem�. MICHAEL S. REGAN SKIHUry L1NDA CULPEPPER lnnrMn preetnr Total Wetland Impact for Project 0.33 acres. January 23, 2019 Wake County NCDWR Project No. 20190090 SR 1632 TIP No. U-5827 APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN BUFFF.R AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Joey Hopkins, P.E., Division Engineer NCDOT, Division 5 2612 North Duke Street 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 extending SR 1632 in Wake County: Stream Im acts in the Ca e Fear River Basin Site Bank S[abiliza[ion to Perennial Temporary Dewatering to Stream linear f[ Perennial S[ream (linear ft 3 IS 19 Total I S 19 Total Stream Impact for Projech 391inear feet. We[land Im acts in the Ca e Fear River Basin e Permanent Fill (acl Excavation facl Mechanized Clearin 0 p 0 0.03 0.09 o.o� Total � 0.03 � 0.21 NORTH CAROLINA Enrtronmental Quaflty 0.10 ::::, � Q�,� To[al S[ream Impact (linear ft) 34 34 Total Wetland Imps o.�a OJ9 0.33 North Carolina Department of Environmen[al puahry Drvision of Water Resources 512 North Salisbury Street 16ll Mail Service Center � Raleigh, North Carolina 276991617 919]07.9000 Jordan Ri arian Bu(fcr Im acts Site Zone I Impact Zone 1 Buffer Mitigalion Required Zone 2 Impact Zone 2 Buffer Mitigation s f[ usin 3:1 ra[io) s ft Re uired usin I.5:1 ratic 3 1353 N�"A 1147 N!A Totals 1353 0 11�7 0 * n/a — Total for Site is less than I'3 acre and I?0 linear feet of impact, no mitigation required Total Buffer Impact for Projec[: 2500 square feet. The projeet shall be eonstrueted in accordance with your application received January 18, 2019. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4135. This certification corresponds to the Nationwide Permit 14 issued by the Corps of En�ineers. This approval is also valid for the Jordan Riparian Buffer Rules (15A NCAC 2R.0?67). In addition. you should acquire any o[her federal, state or local permits before you proceed with your project induding (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanyina 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify [he NCDW R 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 wedand fills for this p%ject �now or in [he future) exceed one acre, or of total impacts to streams (now or in the future) exceed I50 linear feet. compensatory mitigation may be required as described in I SA NCAC 2H .0�06 (h) (6) and (7). Additional buffer impacts may require compensatory mi[igation as described in I�A NCAC 26.0267. For this approval to remain valid, you must adhere to the conditions listed in the General Certitication and any additional conditions listed below. Conditions of Certification: I. Riprap shall not bz placed in Ihe active thalweg channel or placed in [he streambed in a manner [hat precludes aquatic life passage. Bioengineering boulders or structures should be properly desi�ned, sized and installed. [ I SA NCAC 02H.0506(b)(2)J 2. For any streams being impacted due to site dewaterin, activities, the site shall be graded ro its preconstruction contours and reve�etated with appropriate native species. �ISA NCAC 03H.0506(b)(2)] 3. All stonnwater runoff shall be directed as sheetFlow throuoh stream buffers at non-erosive velocities, unless otherwise approved by this certification. [15A NCAC 2B.0267� d. All riparian buffers impacted by the placement of temporary fill or clearin� activities shall be restored to the preconstruc[ion conrours and reve�etated. Maintained buffers shall be permanenNy revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained bufter areas are detined as areas wi[hin the transporta[ion corridor thal will be subjec[ to regular NCDOT maintenance activities includin� mowing. The area with non-maintained buffers shall be permanenNy revegetated with native woody species before the next growing season followin� completion of constructioa [I SA NCAC 2B.0267] 5. Pursuant to ISA NCAC 2B.0267, sediment and erosion control devices shall not be placed in 7,one I of any Jordan Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and erosion control devices in Zone I, ou[side of [he approved projec[ impac[s, anywhere on [his projecL Moreover, ::.,::. � Q�,� North Carolina Department of Environmen[al Q�.,ahq� Drvivon of Wa[er Resources 512 North SalisburySVeeil 1617 Mail Service Center Raleigh. North Carolina 27699-16P 919707.9000 T sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided �hat Zone I is not compromised and that discharge is rcleased as diffuse Flow. 6. If concrete is used durin� construction, a dry work area shall be maintained to prevent direc[ contact between curin� 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. �I SA NCAC 02B.0200] 7. During the construction of the projec[, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. [ISA NCAC 03H.0506(b)(2)� 8. The dimension, pattern and profile of the stream above and below [he crossing shall not be moditied. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [ISA NCAC 03{I.O506(b)(2)� 9. The use of rip-rap above [he 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 no[ impede aqualic life passage. [ISA NCAC 0211.0506(b)(3)� 10. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approvaL [ I SA NCAC 02H .0507 (c) and I SA NCAC 03H .0506 (b)(2) and (c)(2)] I I. All work in or adjacent to stream waters shall be conduc[ed in a dry work area. Approved BMP measures from the most curren[ version of NCDOT Construc[ion and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [l�A NCAC 02H.0506(b)(3) and (c)(3)] I2. Ileavy equipment shall be operated from the banks rather than in the stream channel in order [o minimize sedimentation and reduce the introduction of other pollu[ants into the stream. �I SA NCAC 0?H.O506(b)(3)� 13. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent con[amina[ion of stream warers from fuels, lubrican[s, hydraulic iluids, or other roxic materials. [ISA NCAC 02 H.O506(b)(3 )] 14. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [ISA NCAC 02H.0506(b)(3)] I5. Discharging hydroseed mix[ures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [ISA NCAC 03H.0506(b)(3)] 16. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality s[andards (including any requiremen[s resultin� from compliance with y303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If the NCD W R determines that such standards or laws are not being met (including the failure [o 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. [I SA NCAC 026.0200] 17. All fill slopes loca[ed in jurisdictional wetlands shall be placed at slopes no ilatter than 3:1, unless otherwise authorized by this certification. [ISA NCAC 02H.0506(b)(2)] I8. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, [he Water Quality Certification and all subsequent modifications, ifany, shall be maintained with the Division Engineer and the on-site project mana�ec � I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(�) and (e)(2)� :.:.r...�� Q�J� North Carolina Departmen[ of Enwromnental puaiity Division of Water Resources 512 North Salisbury Street � 1617 Mail Service Center Raleigh. North Carolina 2769916ll 919.707.9000 19. The outside buffer, wetland or water boundary located wi[hin the construction corridor approved by [his authorization, including all nomcommercial borrow and waste sites associated with the project, shall be clearlq marked by highly visible fencing prior to any land diswrbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [ISA NCAC 0?H.O501 and .0502] 20. The issuance of Ihis certification does no[ e�empt Ihe Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government a�encies (i.e. local, state, and Cederal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 21. The Permittee shall report any violations of this certitication to the Division of Water Resources within 2d hours of discovery. [ISA NCAC 03B.0506(b)(2)� 22. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Enoineer shall complete and return the enclosed "Certitication of Completion Form" to notify the NCDW R when all work included in the d0I Certification has been completed. [I SA NCAC 03HA502(�] 23. Native riparian vegetation (i.e., trees and shrubs native ro your �eographic region) must be reestablished in the riparian areas within the construc[ion limits of the project by the end of the growin� season following completion of constructioa [ISA NCAC 026.0267] Be [ISA NCAC 02B.0506(b)(3)] 24. There shall be no excavation from, or was[e disposal into, jurisdictional wetlands or waters associated with this permi[ wi[hou[ appropriate moditica[ion. Should waste or borrow sites, or access roads to was[e or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since tha� is a direct impact from road construction activities. [ ISA NCAC 03H.0506(b)(3) and (c)(3)J 25. Erosion and sediment control praetices must be in full eomplianee with all specifications �oveming the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [ISA NCAC 02H.0506(b)(3) and (c)(3)]: a. �I�he erosion and sediment control measures for the projec[ mus[ be designed, installed, operated, and main[ained in accordance with the most recent version of the North Carolina Sedrmei�� and Frosinn Contro/ P/annittx and DesiKn hlununl. b. The desien, 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 Nunh Carolino Sedimen! and F.rosion Control Mnnienl. 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 [he project. c. For borrow pit sites, the erosion and sediment control measures must be desi�ned, installed, operated, and maintaioed in accordance with the most recent version of the Norih Caruluva Smface .4lrnrng M1la�tunl. d. The reclamation measures and implementation must comply with the reclamation in accordance wi[h the requirements of the Sedimentation Pollution Control Ac[. 26. 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. [I SA NCAC 03H.0506(b)(3) and (c)(3)] 27. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter I 13A Article 4(Sediment and Pollution Con[rol Act of 1973). Re�ardless of applicability of [he Sediment and Pollu[ion Control Act, all projects shall incorporate appropriate Best Management Practices for the con[rol of sediment and erosion so that no violations of state water quality standards, statutes, or rules occuc [ I SA NCAC 02H 0506{b)(3) and (c)(3) and I SA NCAC 02B.0300] :�...,.:.w� Q�,� North Carolina Departmen[ of Envuonmental Quaiity Division of Water Resources 512 North Salisbury SVeet 1617 Mail Service Cen[er Raleigh. North Carolina 27699-16ll 919 707.9000 T 28. Design, ins[alla[ion, operation.. and maintenance of all sediment and erosion control measures shall be equal ro or exceed the requirements specified in the most recent version of the North Cc�rolina Sedrmeni and Erarron Conn�ol hirmiml, or for linear Iransportation projects, the NCDO%'Sec/inren� nnd Erosion Control hfanual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor- owned or leased borrow pi[s associated with the projecL Sufficient ma[erials required forstabiliza[ion and'orrepairof erosion control measures and stormwater routing and treatment shall be on site at al I times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Cnrolina Simji�ce hfining b9anuul. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements ofthe Sedimentation Pollution Control Act and the Mining Act of 197 L[ I SA NCAC 02H.0�06(b)(3) and (c)(3); GC 4135] Ifyou wish to contest any statement in the attached Certitication you must tile a petition for an administrative hearing. You may ob[ain the peti[ion form from the oftice of Administrative hearings. You must file the petition with the office of Adminis[rative 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 filin�s Monday [hrough Friday between the hours of8:00am and S:OOpm, except for official state holidays. The orivinal 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 Hearin_s wi[hin five (5) business days following the faxed transmission. The mailin_ address for [he Office of Administrative Hearings is: Office of Administra[ive Hearin�s 6714 Mail Service Center Ralei�h, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A wpy of [he petition mus[ also be served on DF.Q as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quali[y 1601 Mail Service Center This letter completes the review of the Division of Water Resources under Section d01 of the Clean Water Act. If you have any ques[ions, please con[act Rob Ridings at 919-707-8786. Sincerely, _ =��1 �� -�-=; � ��r-' Linda Culpepper, Interim Director Division of Water Resources E lectronic copy only dis[ribution: James Lastinger, US Army Corps of Engineers, Raleigh Field Office Chris Murray, Division 5 Environmental Officer File Copy �...�.� Q�,� North Carolina Depar[men[ of Encvonmen[ai Quahty Division of Wa[er Resources 512 North Salisbury Street 1617 Mail Service Cen[er � Raleigh, North Carolina 27699-1617 919.707.9000 ROY COOPER Governor MICHAEL S. REGAN Secremry LINDA CULPEPPER Direcror NORTH CAROLINA Environmental Quality NCDWR Project No.: Coun[y: Applicant Projec[ Name: Da[e of Issuance of 401 Wa[er Quality Certification: Certificate of Comple[ion Upon completion of all work approved wi[hin [he 401 Water Quality Certification or applicable Butfer Rules, and any subsequent modifica[ions, [he applican[ is required [o return this certificate [o [he 40I Transportation Permittin� Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-1617. This form may be re[urned to NCDWR by the applicant, [he applican['s authorized agen[, or the project engineer. I[ is no[ necessary to send certificates from all of these. 4pplicmu's Cerlificntion 1. , hereby state that, to the best of my abilities, due care and diligence was used in [he observation of [he cons[ruction such that the construction was observed [o be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin� materials. Si�nature: _ Date: Agent'.s Cerlificatinn I, , hereby statc that, to the best of my abilities, due care and diligence was used in the observation of the construc[ion such [hat Ihe construction was observed to be built wi[hin subs[an[ial compliance and intent of the 401 Wa[er Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin� materials. Signamre: _ . _ Da[e: Engineer's Certifrcutioir Partial Final 1, , as a duly registered Professional Engineer in the State of North Carolina, havin� been authorized to observe (periodically, weekly, foll time) the construction of the project for [he Permittee hereby state that, to [he bes[ of my abili[ies, due care and diligence was used in the observa[ion ofthe consVuc[ion such [ha[ the cons[ruc[ion was observed [o be buil� within subs[an[ial compliance and inten[ of the 401 Water Quality Certification and Buffer Rules, the approved plans and specitications, and other supportin� materials. Signa[ure Date �:��o..�.N�: Q��' Registration No. North Carolina Department of Environmen[al Quality I Division of Water Resources 512 North Salisbury Stree[ I 1617 MailService Center I Raleigh. North Carolina 27699-1617 919 707.9000 !—�l