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Home My WebLink About20190299 Ver 1_Approval Letter_20190425DocuSign Envelope ID: 42861 FDD-5F66-4087-A37B-E35759CCCBC7 RC�Y C�3�PER Gavc rn�ir MICHAEL 5. REGAN Sea-retRry L[NQA CIJLPEPPER Director �TATx �E � � � '�� {� � � b�g � —{I� ��i 7 P � a� �,� � I ^' � '� �+� , p -: o � ��,� �2` , Yf55� �9q� PVORTH CAROLINA Environmental Quality April 25, 2019 Wake County NCDWR Project No. 20190299 Richardson Road Extension APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Drew Havens, Town Manager Town of Apex PO Box 250 73 Httnter Street Apex, NC 27502 Dear Mr. Havens: You have olu• approval, in accordance wifll the conditions listed below, for the following impacts for the piupose of extending Richardson Road in Wake County: Site Total Wetland Impacts in the Permanent Fill (ac 0.04 Fear River Basin Total Wetland Im act (ac 0.04 Total Wetland lmpact for Project: 0.04 acres. Jordan Riparian Buffer lmpacts Site Zone 1 Im act (s ft) Zone 21m act (s ft) Totals 11928 7905 Total Buffer Impact for Project: 19833 square feet. The project shall be consn•ucted in accordance with your applicarion received March 7, 2019 and additional information received Apri122, 2019. After reviewing yo«r application, we have decided that these impacts are covered by General Water Quality Cerrification Number 4135. This certificatioil corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid far the Jordan Riparian Buffer Rules (15A NCAC 2B.0267). In addirion, you should acq��ire any other federal, state or local permits before you proceed with yo�ir project including (but not liinited Yo) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. � �� _.�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 42861 FDD-5F66-4087-A37B-E35759CCCBC7 This appi-oval is valid solely for the purpose and design described in your application (unless modified below). Should your project changc, you must norify tl�c NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Ccrtificarion and approval lcttcr, and is thereby responsiblc for complying witl� all the conditions. If total wetland fills for this project (now ar in the future) exceed one acre, or of total impacts to streams (now or in the fiiture) exceed 1501inear feet, compensatory initigation may be required as described in l SA NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory initigation as described in 15A NCAC 2B.0267. For this approval to remain valid, you n7ust adhere to the conditions listed in the General Certification and any additional conditions listed below. Conditions of Certificat�ion: 1. As per tbe April 15, 2019 memoranclum from the NC DEQ Stewardship Program, this �}O1 Certification is contingent upon easement release from the Interagency Review Team (IRT). No woi-k ou this project may commence until final agreeinent and approvaL between the state and the Town of Apex, and the proposed area is reLeased for right-of-way. 2. When final design plans are completed for the project, a modification to the 401 Water Quality Certification and the .Iordan Riparian Buffer Approval shall be submitted to tl�e NC Division of Water Resources. Final designs shall reflect all appropriate avoidance, minimization, and mirigation for impacts to wetlands, streams, and other s�irface waters, and buffers. 3. The post-construcrion removal of any temporary bridge structures must rehirn t11e project site to its preconstruction contours and elevations. Tl�e impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2) 4. As a condition of this 401 Water Qualiry Certification, the bridge construction must be accomplished in strict compliance witl� the most recent version ofNCDOT's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 5. Bridge deck drains shall not discharge directly into the stream, wetlands, or riparian buffers. Stonnwater shall be directed across the bridge and pre-treated through site-appropr-iate n�eans (grassed swales, pt�e-formed scom• holes, vegetated buffers, etc.) before entering the streatn. Please refer to the most recent version of the Nor•th Car•oliria Department of Trar�spor•tatiorz Stormwate�• Best Management Py-ccctices Toolbox manual for approved ineasures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 6. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled sl�aft construction metl�ods. More specifically, jetting or other inethods of pile driving are prolubited without prior written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)] 7. No drill sh�riy or water that has been in contact with uncured concrete shall be allowed to enter sl�rface waters. This water shall be captured, treated, and disposed ofproperly. [15A NCAC 02H .0506(b)(3)] 8. A turbidity cm-tain will be installed in the stream if driving or drilling activities occur within tl�e stream channel, on the stream bank, or within 5 feet of the top of bank, or dm-ing the removal of bents fi-om an old bridge. This condition can be waived with pri or approval froin the NCDWR. [15A NCAC 02H .0506(b)(3)] 9. All bridge construction shall be perforined from the existing bridge, temporary work bridges, temporaiy causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position and then simk. The barges shall not be swlk and then dragged into position. Under no circuinstances should barges be dragged along the bottom of the siuface water. [15A NCAC 02H .0506(b)(3)] 10. All stornlwater iunoff shall be directed as sheetflow tlu•ough streain buffers at non-erosive velocities, unless ofl7erwise approved by this certification. [15A NCAC 2B.0267] 11. 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 Uy the end of the growing season following coinpletion of construction. For the puipose of this condition, maintained buffer areas are defined as areas within the h-ansportation corridor that will be subject to re�ilar NCDOT maintenance activities including mowii�g. The area with non-maintained � � �� GR ^a"E =1 �-sz"� = �1 C�wixi'�� North Carolina Department of Environmental Quality I Division of Water Resources �12 North Salisbury Street I 1617 Mail Service Center� Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 42861 FDD-5F66-4087-A37B-E35759CCCBC7 Uuffers shall be permanently revegetated with native woody species before the next growing season following completion of constniction. [15A NCAC 2B.0267] 12. Pursuant to 15A NCAC 2B.0267, scdiment and crosion control dcviccs sllall not bc placcd in Zone 1 of any Jordan Buffcr without prior approva] by tl�e NCDWR. At this time, the NCDWR has a�proved no sedirnent and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project Moreover, sediinent 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. 13. 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 incl�es, 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. Tlle applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other Iimitiilg features encountered during consn-uction, please contact NCDWR for guidance on how to proceed and to determine whether or not a pennit modification will be required. [l SA NCAC 02H.0506(b)(2)] 14. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and sh•eam 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] 15. The Permittee shall ensure that the final design drawings adhere to the perinit and to the permit drawings submitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 16. During the construction of the project, no staging of equipment of any kind is perinitted in waters of the U.S., or protected riparian bu�ers. � i sa Ncac o2x.oso6(�>�2» l7. The dimension, pattern and profile of the stream above and below tl�e crossing shall not be modified. Disturbed floodpiains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] 18. The use of rip-rap above the Nornlal High Water Mark shall be minimized. Any rip-rap placed for sn•eam stabilization shall be placed in streain channels in such a manner that it does not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)] 19. All work in or adjacent to stream waters shall be conducted in a dry wark area. Approved BMP measlues from the most current version of NCDOT Construction and Maintenance Activities inanual such as sandbags, rock berms, cofferdains and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 20. 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. [l SA NCAC 02H.0506(b)(3)] 2l . All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of streain waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)(3)] 22. 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)] 23. Discharging hydroseed inixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 24. The pern�ittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any reqLiirements resulting fi-om coi��pliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. if the NCDWR detennines 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 coinpliance, tlle NCDWR may reevaluate and modify this certification. [l SA NCAC 02B.0200] � � �� GR ^a"E =1 �-sz"� = �1 C�wixi'�� North Carolina Department of Environmental Quality I Division of Water Resources �12 North Salisbury Street I 1617 Mail Service Center� Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 42861 FDD-5F66-4087-A37B-E35759CCCBC7 25. All fill slopes located in jurisdictio��al wetlands shall be placed at slopes no flatter than 3:1, unless otl�erwise authorized by tliis certification. [15A NCAC 02H.0506(b)(2)] 26. A copy of this Water Quality Certification shall be maintained on tl�e construction sitc at all times. In addition, the Watcr Quality Certification and all subsequent modifications, if any, sl�all be maintained with the on-site project inanager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 27. The outside buffer, wetland or water boundary located within the construction coi�ridor approved by this autharization, including all non-commeccial borrow and waste sites associated with tl�e project, shall be clearly marlced by highly visible fencing prior to any land disturbing activities. Impacts to areas withn� the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502] 28. The issuance of this certification does not exempt tl�e Permittee froin complyin� with any and all stahltes, rules, regulations, or ordinances that may be iinposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable bLiffer rules, stoi7nwater management rules, soil erosion and sedimentation control require�nents, etc. 29. The Pei7nittee shall report any violations of this certitication to the Division of Water Resources within 24 hours of discoveiy. [15A NCAC 02B.0506(b)(2)] 30. Upon completion of the project (including any impacts at associated bon-ow or waste sites), the permittee shall complete and return the enclosed "Certification of Completion Fortn" to notify the NCDWR when all work included in fl1e 401 Certification has been completed. [15A NCAC 02H.0502( fl] 31. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) inust be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of constnictioil. [15A NCAC 02B.0267] & [15A NCAC 02B.0506(b)(2)] 32. Tl�ere sl�all be no excavation fro�n, or waste disposal into, jurisdictional weflands or waters associated with this pennit without appropriate �nodification. Should waste or bon-ow sites, or access roads to waste or borrow sites, b� located i�� wetlands or strea�r�s, compeusatory mitigarion will be required since that is a direct impact from road consh-uction activities. [I SA NCAC 02H.0506(b)(3) and (c)(3)] 33. Erosion and sediment control practices must be in full coinpliance with all specifications governing the proper design, installation and operation and maintenance of such Best Manageinent Practices in order to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3)]: a. The erosion and sediment control ineasures for the project must be designed, ulstalled, operated, and inaintained in accordance with the most receilt version of the North Carolincz Sedirnent and Erosion Control Planni�rg anc� Design Man��al. b. The design, installation, operatioil, and maintenance of the sediment and erosion control i��easures must be such that they equal, or exceed, the requirements specified in the most recent version of the Nor�th Carolina Sediment ancf Erosion Contr•ol Mamtial. The devices shall be maintained on all construcrion 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 sediinent control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sui face Mining Manual. d. The reclamation measlues and iiliplementation mlist comply with the reclamation in accordance wifll the requirements of fl1e Sedii�lentation Po1luYion Control Act. 34. 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 (c)(3)] 35. When applicable, all construction activities shall be performed and maintained in fiill compliance with G.S. Cha}�ter 113A Article 4 (Sediment and Polll�tion Control Act of 1973). Regardless of applicabiliry of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices far the conhol of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .05061b)(3) and (c)(3) and 15A NCAC 02B .0200] � � �� Gr� rre=11,1z-� _ y1G.�r�'�� North Carolina Department of Environmental Quality I Division of Water Resources �12 North Salisbury Street I 1617 Mail Service Center� Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 42861 FDD-5F66-4087-A37B-E35759CCCBC7 36. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the reqliirements specitied in the i��ost recent version of the North Carolina Sediment and Erosion Contr�ol Mcrnual, or for linear transportarion projccts, the NCDOT Sedirnent and Erosiora Corztrol Mani�al. All dcvices shall bc maintained on all construction sitcs, borrow siYes, and waste pile (spoil) sites, including contractor-owncd or lcased bon�ow pits associated with the project. Sufficient materials required for stabilization and/ar repair of erosion control measures and stormwater routing and treat�nent shall be on site at all times. For bonow 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 Cczrolina Sz�rface Mit�ing Mcrnuczl. Reclamarion n�easures and i�nplementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. Ifthe project occurs in waters or watersheds classified asPrimaryNursery Areas (PNAs), SA, WS-1, WS-I l, Higl� Quality Wateis (HQW), or Outstanding ResoLirce Waters (ORW), thenthe sedimentation and erosion control designs shall comply with tl�e requirements set forth in 15A NCAC 0�4B .0124, Design Standar-ds in Sensitive Watershed. [ 15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135] If you wisl� to contest any statement in the attached Cerrificarion you must file a petition for an adminisri•ative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the peririon with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A perition is considered filed when it is received in the office of Administrative Hearings during normal office how�s. The Office of Administrative Hearings accepts filings Monday througl� Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the petirion mlist be filed with the Office of Adminisnative Hearings. The petition may be faxed-provided the original and one copy of the docuinent is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The inailing address for the Office of Adininistrative Hearings is: Office of Adminish-ative Hearings C714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 43l -3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Cotmsel Department of Enviromnental 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 questioils, please contact Rob Ridings at 919-707-3873. Sincerely, DocuSigned by: o..w�,�, C�n.u.pw�.�,n, 9C9886312DCD474... Linda Cltlpepper, Director Division of Water Resources Electronic copy only distribution: James Lastinger, US Arrny Corps of Engineers, Raleigh Field Office Jeff Harbour, Environmental Seivices Tnc Ed Hajnos, NC DEQ Stewardship Program File Copy � �� GR 'r�rf =1 I.•µ-� - sl G.�+-:�� `�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 42861 FDD-5F66-4087-A37B-E35759CCCBC7 ROY CQOPER Governar MICHAEL S. REGArG $ECYPfQ!"}� LINDA CULPEPPER director 44�� v�[ r r♦�'., p..�. H . aa. i.+; �F'�� V'� q � .! J r� fY. � � . a `i' ��—r� '� - �� `,.,. ;�« �: n�_- \'Bi QllqY,Ylul'�� PJORTH CARC7LINA Environmentaf Qualrty NCDWR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to retui7l this certificate to the 401 Transportation Permitting Unit, North Carolina Divisioi� of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the app(icant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applica�nt's Certi�cation I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the constrLiction was observEd to be built within substantial cotnpliance and intent of the 40l Water Quality Certificarion and Buffer Rules, the approved plans and specifications, and other sLipporting materials. Signatlire: Date: Agent's Certific�tion I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction sucl� that the constnlction was observed to be built within substantial coinpliance and intent of flle 401 Water Quality Certiiication and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Cei^tifieation Partial Final I, , as a duly registered Professiona] Engineer in the State of North Carolina, having been aLifllorized to observe (periodically, weekly, full time) the construction of flle project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the consnucYion was observed to be b�ult within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporYing materials. Signature Date Registration No. �� North Garoliroa Department of Environmental Quality I bivision of Water Resources 512 North 5alisbury Street I]6l7 Mail Seruice Center I Ra[eigh, North Carolina 27699-1617 NpqTH [:hF�`}LINA ^ o.n.�m,emm�W��md�.e� /"� 914.7�7.9000 `/