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HomeMy WebLinkAbout20070954 Ver 1_Certification of Completion_20070924• avers &Associates,lnc. - Since1918 TO: 401 Oversight/Express Review Permitting NCDWQ 1650 Mail Service Center Raleigh NC, 27699-1650 GENTLEMEN: WE ARE SENDING YOU [ ]Shop Drawings [ ]Copy of letter Engineers /Planners /Surveyors LETTER OF TRANSMITTAL Date September21_, _2007_ Job No. _ ATTENTION: I SUBJECT: ECU Campus Sewer Repairs - Code #40383 Item #307 Greenville, North Carolina [X] Attached [ ]Under separate cover via [ ]Prints [ ]Plans [ ]Samples [ ]Change order [ ]Other US Mail the following items: [ ]Specifications COPIES 1 DESCRIPTION Certificate of Completion G ~ .; ~ ' ~,. 7 S ~ ~., ~3 '~ i l ~ ~ i''~ S~:.r L ~a' 2001 l ~r~ - a~r~ ~ ~ ~ {~u~:pLiT'f 6q;it~a'al' ~~~-'7 '~~a~' ~t1t~Tt"'1 .8RA1'1CN THESE ARE TRANSMITTED as checked below [ ]For approval [ ]Approved [ ]Resubmit copies for approval [ X ] For your use [ ]Approved as noted [ ]Submit copies for distribution [ ] As requested [ ]Disapproved [ ]Return corrected prints [ ]For review and comment [ ]Other REMARKS: If you have any questions or need any additional information, please do not hesitate to call. With best regards, File COPIES TO : N1C1C MCKtnley SIGNED: If enclosures are not as noted, kindly notify us at once Travis Welborn, E.I. twelborn riversandassociates.com 107 East Second Street * Post Office Box 929 * Greenville, North Carolina 27835 * (252) 752-4135 * FAX (252) 752-3974 8410 Falls of Neuse Road, Suite D * Raleigh, North Carolina 27615 * (919) 848-3347 * FAX (919) 848-0319 o~o~ wArF9QG r ~ _ ~ ~ -i ~ `~ ~. Michael F. Easley, Governor William G. Ross Jr., Secretary North Cazolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality June 12, 2007 DWQ Project # 07-0954 Pitt County George W. Harrell, Ph.D. East Carolina University 1001 East Fourth Street Greenville, NC 27858-4353 Subject Property: ECU Campus Sewer Repair Green Mill Run, Tar-Pamlico River Basin APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with ADDITIONAL CONDITIONS Dear Mr. Harrell: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 10 linear feet of streams for the purpose of stream bank stabilization at the subject property, as described within your application dated May 22, 2007, and received by the N.C. Division of Water Quality (DWQ) on June 4, 2007. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3625 (GC3625). The Certification(s) allows you to use Nationwide Permit(s) 12 when issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and Tar-Pamlico Buffer Regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us 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 conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: North Cazolina Division of Water Quality Internet: h2o.enr.state.nc.us 943 Washington Squaze Mall Phone: 252-946-6481 One Washington, NC 27889 FAX 252-946-9215 NorthCaTOlina An Equal OpportunitylAffimtativeAaion Employer - 50% Recycled110% Post Consumer Paper ~atura!!r~ East Carolina University Page 2 of 4 , June 12, 2007 ' 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount A roved Units Plan Location or Reference Stream 10 feet 1 404/CAMA Wetlands acres Waters acres Buffers s uare ft. 2. Erosion & Sediment Control Practices 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: 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 exceed, the requirements specified 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 bon-ow 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 and the Mining Act of 1971. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), Trout (Tr), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sediment and erosion control requirements contained within Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment and erosion control requirements. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification and authorized by this written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. East Carolina University Page 3 of 4 June 12, 2007 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by DWQ. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. All devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources has released the project. 5. If concrete is used during the construction, then a dry work area should be maintained to prevent direct contact prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life/fish kills. 6. Work in the Dry All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. 7. 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 return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. The applicant/permittee and their authorized agents shall conduct all 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 Division determines that such standards or laws are not being met, including 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, then the Division may reevaluate and modify this General Water Quality Certification. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. East Carolina University Page 4 of 4 , June 12, 2007 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Roberto Scheller in the DWQ Washington Regional Office at 252-948-3940. Sincerely, .... ~- _... Q .~ For Coleen H. Sullins, Director Enclosures: GC 3625 Certificate of Completion cc: Travis Welborn, E.I. Rivers & Associates, Inc. USACE Washington Regulatory Field Office DWQ 401 Raleigh Central Office DLR Washington Regional Office Central Files File Copy Filename: 070954 WQC #3625 UTILITY LINE BACKFILL AND BEDDING CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 12 OR REGIONAL PERMIT 198100049 (UTILITY LINE BACKFILL AND BEDDING) AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 26 .0200 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B) (12) and General Permit No. 198100049 of the Corps of Engineers regulations (i.e., including any fill activity for utility line backfill and bedding) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 26 .0200. This certification replaces Water Quality Certification (WQC) Number 2664 issued on January 21, 1992, Water Quality Certification Number 3022 issued on September 6, 1995, Water Quality Certification (WQC) Number 3101 issued on February 11, 1997 and Water Quality Certification Number 3288 issued on June 1, 2000 and WQC Number 3374 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide 12 or Regional Permit 198100049 or when deemed appropriate by the Director of the Division of Water Quality. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Activities covered by this General Certification do not require written concurrence from the Division of Water Quality as long as they comply with all conditions of this General Certification and the conditions of Nationwide 12 or Regional Permit 198100049 as appropriate. If any condition in this Certification cannot be met, application to and written concurrence from DWQ are required. Also, Condition No. 6 is applicable to all streams in basins with riparian area protection rules; 2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence fora 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 3. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for stream and/or wetland impacts. Streamside buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made by DWQ for any Certification involving written concurrences including those for relevant Buffer Rules; 4. The edge of the construction corridor shall not be installed parallel to and closer than 10 feet (3 meters) to a stream and 25 feet in waters classified as HQW. Utility lines shall not cross a stream channel at other than anear-perpendicular direction (i.e., stream channel crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to the stream bank); 5. Any wastewater line that crosses any stream shown on the most recent version of the 1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or intermittent shall be installed either a) with no joints connected within the footprint of a WQC #3625 stream channel or within 2 feet of the stream banks in the case of plastic or PVC pipes or b) with properly bedded and supported ductile iron. Otherwise, written concurrence from DWO is required; - 6. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River Basins (or any other river basins with Buffer Rules in effect at the time of application) requires written concurrence from DWQ in accordance with 15A NCAC 28.0233, .0259, .0250 and .0243. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar-Pamlico and Randleman River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 26 .0233, .0259, .0250 and .0243. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 7. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 8. Herbicides can be applied in wetlands or other waters only when applied by a certified applicator, and in strict accordance with product labeling; 9. Placement of rip rap is restricted to the stream bottom and banks directly impacted by the placement of the utility line. Rip rap may only be used below the normal high water level. The stream berm must be restored to the original contour after construction. Placement of rip rap or other materials shall not result in de-stabilization of the stream bed or banks upstream of downstream of the crossing; 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored within two months after the Division of Land Resources has released the project; 12. Annual native species suitable for wet locations shall be planted and established within jurisdictional wetlands for soil and erosion control. Perennials such as fescue are prohibited; 13. No fertilizer shall be applied within 10 feet (3 meters) of streams. Any fertilizer application must comply with all other Federal, State and Local regulations; 14. The construction corridor (including access roads and stockpiling of materials) is limited to 40 feet (12.2 meters) in width in wetlands and across stream channels and must be minimized to the maximum extent practicable; 15. Permanent, maintained access corridors shall be restricted to the minimum width practicable and shall not exceed 10 feet (3 meters) in width except at manhole locations. A 10 feet (3 meters) by 10 feet (3 meters) perpendicular vehicle turnaround must be ' WQC #3625 spaced at least 500 feet (152.4 meters) apart. Written concurrence is required if the maintenance corridor is greater than 10 feet (3 meters) wide except that a maintenance corridor larger than ten feet is acceptable for gas pipelines as long as mitigation is provided for additional wetland fills to the maintenance corridor beyond those widths specified in this General Certification; 16. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for buried utility lines. Anti-seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet (45.7 meters) long do not require anti-seep collars. The compacted clay shall have a specific discharge of 1 X 10- 5 cm/sec or less. A section and plan view diagram is attached for the anti-seep collars; The following specifications shall apply to class B concrete: a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0 b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5 c) Maximum water-cement ratio gallons per sack 6.8 d) Slump range 2" to 4" e) Minimum strength - 28 day psi 2,500 17. This General Certification does not authorize any permanent changes in pre-construction elevation contours in waters or wetlands or stream dimension, pattern or profile. The permittee will have a specific plan for restoring wetland contours. Any excess material will be removed to a high ground disposal area; 18. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 19. Stormwater management will not be required for this Certification as long as all other Conditions are met. However, in the twenty coastal counties, the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations still apply; 20. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will not be required for this Certification if written concurrence is not needed; 21. Payment of a dollar per acre figure into the Wetland Restoration Program for these impacts is acceptable when compensatory mitigation is required as long as the Wetlands Restoration Program agrees in writing to accept this payment. Other mitigation plans must receive written DWQ concurrence; 22. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State or local approvals; 23. Additional site-specific conditions may be added to projects for which written concurrence is required or requested under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 24. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 12 or Regional Permit 198100049 whichever is sooner; WQC #3625 25. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 19 March 2007 DIVISION OF WATER QUALITY By ~~ Alan W. Klimek, P.E. Director WQC # 3625 Certification of Completion D~~TQ Project No.: ~~ -• 0~_ County: ~~ 'r'r' Applicant: ,~A'$T' Chi QoU~ Project Name: Date of Issuance of Isolated Wetland Permit: N I p Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, ?7699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, L=(f~Q~j~ ~ r~~}~.~.- ,hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction vas observed to be built within substantial compliance and intent of the 401 Wat r u i Certification and Buffer Rules, the approved plans and specifications, and other supporting mater' ,~1~~~ Signature: Date: Agent's Certification 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 construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications. and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, ~• ~~Gkl ~Ctd~t-s~n~ as a duly registered Professional ~iVGl~1/eR~. (i.e., Engineer. Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe eno call ~, weekly, full time) the construction of the 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 construction was observed to be built within substantial compliance and intent /the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and otl~yr sppport ;/materials. Signature: ~~~,~u~~/ Registration No. /`3ySS Date (j 9- Z/''~ ,,