20190270 Ver 1_Approval Letter_20190314

ROY COOPER
Governor
MICHAELS.RECAN
SP[IPIU�}'
LINDA CULPEPPER
Dim�ror
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NORTH CAROLINA
Environmenm/ Qua/ity
March 14, 2019
Durham County
NCDWR Project No.20190370
SR 1317
TIP No. G4928
APPROVAL of 401 W'ATER QUALITY CF,RTIFICATION and JORUAN 6UFFER AUTHORIZATION, wi[h
ADDITIONAL CONDITIONS
Mr. Edward R. Venable, PE, Con[ract Managemen[ Supervisor
City of Durham, Public Works
101 City Hall Plaza
Durham, NC 27701
Dear Mr. Venable:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of roadway
improvements to SR 1317 in Durham County:
Site
2
Stream Im ac[s in [he Ca e Fear River Basin
Permacent Fill io Intermi[tent Temporary Impact to Intermittent Riprap in Perennial Total Stream
Stream Uinear fU Stream (linear fq Stream pinear ft) Impact Qinear
To[al I 29 I
Total Stream Impact for Projecl: 55 linear feet.
I�
16
Jordan Riparian Buffer Impacts
Site Zone I Impact
s ft)
1 2852
2 1090
Totals 3942
Zone 1 Buffer Mitigation Required
(usina 3:1 ratiol
N;A
0
* n/a = lbtal for Site is less Ihan I/3 acre and I50 linear Ceet
Total Buffer Impact for Project: 6045 square feet.
0
10
10
Zone 2 Impact
(sq ft)
1697
406
2103
❑o mitigation required
�:..,.....�� Q�,�
�g
55
Zone 2 Buffer Mitigation
:equired (using 1.5:1 rati�
N-A
N!A
I
North Carolina Departmentof Bivironmental Quality, Division of Water Resources
512 North Salisbury Street', 16ll Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000

The project shall be constructed in accordance wi�h your application received March 6, 3019. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification Number 4135. This certification corresponds ro
the Nationwide Permit 14 issued by the Corps of Fngineers. This approval is also valid for the Jordan Riparian Buffer Rules ( ISA
NCAC 2B.0367). In addition, you should acquire any other federal, state or local permits before you proceed wi[h your project
includin� (but not limited to) Sediment and F,rosion Control, Non-Dischar,e and Water Supply Watershed re,ulations. This approval
will espire wi[h the accompanying dOd permit.
This approval is valid solely for Ihe purpose and design described in your application (unless modified below). Should your project
change, you must notify the NCDW R and submit a new application. If the property is sold, the new owner must be �iven 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 I50 linear feet,
compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require
compensatory mitigation as described in ISA NCAC 3B.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. Unless otherwise approved in this certitication, placement of new culverts and other structures in open waters and streams, shall be
placed below [he 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. DesiRn and
placement of eulverts and other struemres includin� temporary erosion control measures shall not be conduc[ed in a manner [hat 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 reqoired to provide evidence that the equilibrium is being maintained ifrequested in writin� by the NCDWR. Ifthis
condition is unable ro be met due [o bedrock or other limi[ing 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. [ISA NCAC 03H.0506(b)(3)]
3. Riprap shall no[ be placed in [he placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders
or strucmres should be properly designed, sized and installed. � I SA NCAC 02H.0506(b)(2)]
3. For any streams being impacted due to site dewaterin� aetiviiies, the site shall be graded ro its preeonstruetion contours and
revegetated with appropriate native species. [ISA NCAC 02H.0506(b)(2)]
4. The stream channel shall be escavated no deeper than the natural bed material of the stream, to the maximum extent
prac[icable. Efforts mus[ be made to minimize impacts to the stream banks, as well as to vegetation responsiblc for maintaining the
stream bank stability. Any applicable riparian buffer impact for aecess to stream ehannel shall be remporary and be revegetated with
native riparian species. [ISA NCAC 02H.0506(b)(3)]
i. All stormwater runoff shall be direcred as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by
this certification. [ISA NCAC 2B.0267]
6. All riparian butT'ers impacted by the placement of temporary till or dearing activities shall be restored to the preeonstruction
contours and reve,etated. Maintained buffers shall be permanendy revegetated with nomwoody species by the end of the �rowing
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 wi[h non-maintained
buffers shall be permanently revegetated with native woody species before the next growing season following completion of
construction. [ISA NCAC 2B.0267]
7. Pursuant to I SA NCAC 2B.0267, sediment and erosion control devices shall not be placed in Zone I of any Jordan Buffer without
prior approval by the NCDWR. A[ [his [ime, the NCDWR has approved no sedimen[ and erosion con[rol devices in Zone I, 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 I is not compromised and that discharae is released as ditTuse flow.
a..�.. � Q�,�
North Carolina Departrnen[ of Environmental Qualiry Drvision of Water Resources
512 NORh SaliSbury Stree[ 1617 Mail ServiCe Cen[er Raleigh, North Carolina 276991617
919707.9000
t

8. If concrem is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and
stream watec Water that inadvenently contacts uncured concrete shall not be discharged to surface waters due to the potential for
elevated pl I and possible aquatic lifc and fish kills. [I SA NCAC 03B.0300J
9. Durina the constniction of the project, no staging of equipmcnt of any kind is permitted in waiers of the U.S., or protected riparian
buffers. �I$A NCAC 02f1.0506(b)(2)�
10. The dimension, pattern and profile of the stream above and below the crossino shall not be modified. Disiurbed Floodplains and
streams shall be restored to natural geomorphic conditions. [ISA NCAC 03I1.0506(b)(2)]
I I. 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 sVeam channels in such a manner that it does not impede aquatic life pa5sage. [ISA NCAC 03H.0506(b)(2)�
12. The Permittee shall ensure that the final desi�n drawings adhere to thc permit and to the permit drawings submitted for approval.
[ISA NCnC 02H .0507 (c) and ISA NCAC 02fI .0506 (b)(2) and (c)(3)]
13. All work in or adjacent to stream waters shall be conducted io a dry work area. Approved BMP measures from the most current
version of NCDOi' Constmction and Main[enance Activities manual such as sandbags, rock berms, cofferdams and other diversion
struetures shall be used to prevent excavation in ilowing water. [I SA NCAC 03H.0506(b)(3) and (c)(3)]
14. 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. [I SA NCAC 0211.0506(b)(3)]
I5. All mechanized equipment operated near surface waters must be re�ularly inspected and maintained to prevent contamination of
stream waters Crom fuels, lubricaots, hydraulic fluids, or other toxic ma[erials. [ISA NCAC 03H.0�06(b)(3)J
16. No rock, sand or other matcrials shall be dred�ed from the stream channel except where authorized by this certification. [15A NCAC
03H.0506(b)(3)]
17. Disehargin� hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
[ISA NCAC 02H.0�06(b)(3)�
18. The permittee and its authorized agents shall conduct its activities in a manner consistent with Sta[e water quality standards (includin�
any requirements resulting from compliance with $303(d) of the Clean Water Act) and any other appropriate requirements of State and
Federal law. Ifthe NCDWR determines that such standards or laws are not being met (includino the failure to sustain a desi�nated or
achieved use) or diat State or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR
may reevaluate and modify this certification. �ISA NCAC 026.0300�
19. A copy of this Water Quality Certification shall be maintained on the conshuction sire 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 I SA NCAC 02H .0506 (b)(2) and (c)(2)]
20. l�he ou[side buffer, wetla�d or water boundary located within the construction corridor approved by this authorization, including all
nomcommercial borrow and waste sites associated with thc project, shall be cleady marked by highly visible fencin� prior lo any land
disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certitieation. [ISA 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) havin� jurisdiction, including but not limited
to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc.
22. The Pennittee shall report any viola[ions of this certification to the Division of Water Resources within 24 hours of discovery. [I SA
NCAC 02B.0506(b)(2)�
;�.,.�� Q��
North Carolina Department of Environmen[al Quahty I Division of Wa[er Resources
512 North Salisbury Street i 1617 Mail Service Cen[er I Raleigh. North Carolina 27699-16ll
919707.9000

23. Upon completion ofthe project (includin� any impacts at associated borrow or waste sites), the permittee shall complete and return
the enclosed "Certifieation of Completion Form" to notify the NCDWR when all work included in the d01 Certification has been
completed. [ISA NCAC 03H.0503(f)]
24. Native riparian vegetation (i.e. trees and shrubs native to your geographic region) must be reestablished in [he riparian areas within the
construction limits ofthe project by the end oCthe growin� season following completion of construction. � I SA NCAC 03B.0367)] &[ISA
NCAC 03E3.0506(b)(2)]
3i. There shall be no excavation from, or was[e disposal inro. jurisdic[ional wedands or waters associated with [his permi[ wi[hout
appropriate modihcation. Should waste or borrow sites.. or access roads to waste or borrow sites, be located in wetlands or streams,
compensatory miti�ation will be required since that is a direct impact from road construction activities. [I SA NCAC 0?11.0506(b)(3) and
(�)(3))
26. Erosion and sediment control practices must be in full compliance with all specitications �oveming the proper desi�n, installation and
operation and maintenance of such Best Management Practices in order to protect surface waters standards [I SA NCAC 03H.0506(b)(3)
and (c)(3)]:
a. The erosion and sediment control measures for the projec[ must be designed, installed, operated, and maintained in
accordance with the most recent version of the Nordv Cnrolina Sedinrcn� und Erosio�� Conlrol Plnnnrng and Desrgia
tilant�al.
b. The design, installation, operation, and main[enance of [he sediment and erosion control measures mus[ be such [ha[ [hey
equal, or exceed, [he requirements specified in the most recent version of [he North Carolinc� Sec(iment onc( Erosiun Contro!
blc�nncd. The devices shall be maintained on all eonstruetion sites, borrow sites, and waste pile (spoil) projects, includine
convactor-owned or leased borrow pits associated witli the project.
a For borrow pit sites, the erosion and sediment control measures must be desi;ned, installed, operared, and maintained in
accordance with the mos� recent version of the Nor�h Corolino S:rrjace hlining Mramal.
d. The reclamation measures and implementation must comply with the reclamation in accordance �rith the requirements o(
the Sedimen[ation Pollution Control Act.
27. Sedimen[ and erosion control measures shall not be placed in wedands or surface waters, or within 5 feet of the top of bank, without
prior approval from DWR [ISA NCAC 02H.0�06(b)(3) and (c)(3)�
28. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter I 13A Article d
(Sediment and Pollution Control Act of 19T). Re�ardless of applicability of the Sediment and Pollu�ion Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state wa[er quality
standards, statutes, or rules occur. � I SA NCAC 03f1 .0506{b)(3) and (c)(3) and I SA NCAC 03B.0300]
39. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the
requirements specified in the most recent version of the Nor�h Cm�oli�m Sedimen� c�nd Erosion Control hlam�al. or for linear
transportation projects, the NCDOT Sedinren� nnd Erusron Control A-fanunl.
All devices shall be maintained on all construction sites, borrow sites, and waste pile(spoil) sites, including contractor-owned or leased
borrow� pits associated witli the project. Sutlicient materials required tbr stabilization and'or repair of crosion control measures and
stormwa[er routin� and treatment shal I be on site at al I times.
For borrow pi[ si[es, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance
with the most recent version of the Norda Carolina SiqJare tifDiing tifn��:�al. Reclamation measures and implementation shall comply
with the reclamation in accordance with the requirements of the Sedimentation Pollu[ion Control Act and [he Mining Act of 1971.
I f the project occurs in waters or watersheds c lassi fled as Primary N ursery Areas ( PN As), SA, W S- I, W S- I I, H igh Qual ity W aters ( HQ W),
Outstanding Resource Waters (ORW),[henthe sedimentation and erosion control desiens shall comply with the requirements set forth
in ISA NCAC OdB.012d, Desrg�aS�undards inSensitive Warershed. [I SA NCAC 03H.0506(b)(3) and (c)(3); GC d 135]
.....,,,_.___� Q�,�
North Carolina Departmen[ of Environmen[ai QuaiRy Division of Wa[er Resources
512 North Salisbury Street �, 16ll Mail Service Cen[er ���, Raleigh. North Carolina 27699-1617
919.707.9000

If you wish to contest any s[a[ement in the attached Certitication you must file a petition for an administrative hearing. You may
obtain [he pe[ition form from the office of Administra[ive hearings. You must file [he pe[i[ion with the oftice of Administrative
Hearin�s wi[hin sixty (60) days of receipt of this no[ice. A petition is considered filed when it is received in the office of
Administrative Hearines durine normal office hours. The Office of Administra[ive Hearin�s accepts filings Monday through Friday
between the hours of 8:OOam and �:OOpm, excep[ for official state holidays. The original and one ( I) copy of the pe[ition mus[ be filed
wi[h [he Office of Administrative Flearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of Administra[ive Hearings
within five (5) business days following [he faxed transmission.
The mailing address for [he Office of Adminis[rative Hearings is:
Office of Administra[ive Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone:[phone], Facsimile:[phone]
A copy of [he petition must also be served on DEQ as follows:
Mr. BiII F. Lane, General Counsel
Department of Environmental Quaiity
1601 Mail Service Center
This le[ter completes [he review of [he Division of Wa[er Resources under Sec[ion 40I of the Clean Water Act. If you have any
questions, please contac[ Rob Ridings at 919-707-3873.
incerely,
�G(
Linda Cu pepper, Direct r
Division of Water Resources
Electronic copy only distribu[ion:
Ross Sullivan, US Army Corps of Engineers, Ralei�h Field Office
William Sullivan, Kimley-Horn
File Copy
:�. � Q�,�
North Carolina Department of Environmen[al Quahty . Division of Water Resources
512 North Salisbury Street I 16ll Mail Service Center Raleigh. North Carolina 27699-1617
919.707.9000