20100529 Ver 1_Approval Letter_20100712

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NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
July 12, 2010
Franklin County
DIVQ Project No. 20100529
SR 1702
State Project No. 5.203521
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAML.ICO BUFFER AUTHORIZATION,
frith ADDITIONAL CONDI'T'IONS
Mr. .1. W. flowmyr, P.L., Division Engineer
NCDOT, Division 5
2612 North Duke Sheet
Durham, NC 27704
Dear Mi. Bowman:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
a culvert replacement on SR 1702 in Franklin County:
Stream Imuacls in the'l'ar-Pamlico River Basin
Site permanent Fill in Riprap Placement on Temporary Dewatering to Total Stream Impact
Intermittent Stream Intermittent Stream Intermittent Stream (linear ft)...
linear II linear ft) (linear ft
I 20 15 35 (Concurrent) 35
Total 20 IS 35 Concurrent 35
Total Stream Impact for project: 35 linear feet.
Tar-Pamlico Riparian Buffer Impacts
Site "Zone I ntiun.s = Zone I Zone I Buffer _ Zone 2 minus =."Zone 2 Zone 2 Buffer
Impact NYetlands Buffers (not Mitigation = Impact Wetlands Buffers - Mitigation-.
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) + (sq ft) wetlands) 1.5:1 ratio)
s I't
1 1550 0 1550 N/A - 1000 0 1000 N/A
Totals 1550 0 1550 0 1000 0 1000 0
* n/a = "total for Site is less than 1 /3 acre and 150 linear feet of impact, no mitigation required
'T'otal Buffer Inlpact for project: 2,550 square feet.
The project shall be constructed in accordance with your application dated received July 7, 2010. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3320 This certification corresponds to the Nationwide Pernut 14 issued by the Corps of Engineers. This approval is
also valid for the Tar-Pamlico Riparian 131iffer Rules (15A NCAC 213.0250). In addition, you should acquire any
other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the
accompanying 404 permit.
Transportation and Permitting Unit
1650 F&l service Center. Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh. North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: htipiih2o.encstate.nausinmetlands!
NorthiCarolina
Naturally
An Eauai Opwrtunily t Af:,rmarve Action Employer
_V
MCDEN R
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
.['his appior°aI is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you most notify the DWQ 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, of ol'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). Fm this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
Conditions of Certification:
I. 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 inches, 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 sneambeds or banks, adjacent to or upstream and clown stream of the above structures. The applicant is
required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this
condition is unable to be met due to bedrock m other holding features encountered during construction, please
contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be
required.
2. 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.
3. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconsnuction.•
contours and revegetated with appropriate native species.
All stormwatei runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
5. 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 NCDOT
maintenance activities including mowing. "rhe area with non-maintained buffers shall be permanently revegetated
with native woody species before the next growing season following completion of construction.
6. Pursuant to 15A NCAC 2B-0259(6) sediment and erosion control devices shall not be placed in Zone I of any
"Par-Pamlico Buffer without prior approval by NCDWQ. At this time. NCDWQ has approved no sediment and
erosion control 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 discharge is released as diffuse flow.
7. 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 clue to the potential for elevated pH and possible aquatic life and fish kills.
Transportation and Permitting Unit
1650 Malt Service Center, Raleieh. North Carolina 27699-1650 One
Location: 2321 Crabtree Blvd., Suite 250. Ralegh, Norm Carolina 27604 North Cal_of I Ilia
Phone: [phone] \ FAX: [phone] ?lltlrrllll f
Internet: hind -Uh2o enrintale tic us!ncoteflandsl
An Equal Opportunity l ;U11mmative Action Employer
North Carolina
Beverly Eaves Perdue
Governor
x?
MCDE6 `VR
Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
Natural Resources
Dee Freeman
Secretary
8. Durine the construction of the project. no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
9. The dimension, palters and profile of the su'eam above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
10. 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.
11. The Permittce shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
12. All %voik in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version ofNCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
13. lieavy.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.
14. All mechanize[[ equipment operated near surface waters must be regularly inspected and maintained to prevent .
contamination of stream waters frolic fuels, lubricants, hydraulic fluids, or other toxic materials.
15. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. -
16. Discharging hydioseed mixtures and washing out hydroseedets and other equipment in or adjacent to surface ..
waters is prohibited.
17. The pemuttee anti its'authorized agents shall conduct its activities in a manner consistent with State water
quality standards (inc[uding'any requirements. resulting from compliance with §303(d) of the Clean Water Act) and
any other apps opria to requirements oI'State and Federal law. If NCDWQ deternii ties 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, of that further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this -
ceitification.
I8. 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 Division
Engineer and the on-site project manager.
19. The outside buffer, wetland of water boundary located within the construction corridor approved by this
authorization shall be clearly market) by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
20. The Pemuttee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
transportation and Permitting Unit
1650 Mail Service Center. Raleigh, Norm Carolina 27699-1650 One
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604 Nortth Carol I na
Phone: [phone],786 1 FAX: 919-733-^893 ?lltllrll??f
Internet.. httpl;h2.o.enr.statennuslnmetlandsl -
An Equal µ) ur ql Alivndlve Eon' ii ^,
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
21 . The issuance of this certification does not exempt the Pei mince 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, stornnvatei management rules, soil erosion and
sedimentation control requirentents, etc.
22. Upon completion of the project (including any impacts at associated borrow or waste sites), tire NCDOT
Division Engineer shall complete and remru the enclosed "Certification of Completion From" to notify NCDWQ
when all work included in the 401 Certification has been completed.
23. Native riparian vegetation most be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
24. 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 of borrow sites, be
located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construction activities. -
25. Frosion 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 Carodino Sediment and Erosion Control Manual. 'rhe devices shall be maintained on all
construction 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 sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Swface Mining
Manual,
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
26. Sediment and erosion control measures shall not he placed in wetlands or waters unless otherwise approved by
this Certification.
Transportation and Pernitfing Unit
1650 Mail Service Center, Ralegh. North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]
Internet: httpi h2o.enr.state.nc.us-ncveliands!
One
North Carolina
Nfrturally
An Equsl roe ri , W ttl ve ;n Grp ..
n,.: .
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You most
act within 60 days of the date that VOL receive this letter. To ask lot a hearing, send a written petition that conforms
to Chapter 15013 of the North Carolina General Statutes to the Office of Administrative fleanngs, 6714 N4ail Service
Center_ Raleigh. N.C. 27699. This certification and its conditions are final and bindine unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at 919-733-9817.
Sincerely,
/ /?" &-;
Coleen I I. Sullins
Attachments (General Certification and Certificate of Completion form) -
ce: Chris Murray,. Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission -
File Copy
Transportation and Permitting Unit
1650 Mail Service Center. Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Bivd. Suite 250, Raleigh, North Carolina 27604
Phone. [phone] FAX: [phone]
Internet. htpiih2o.enr.state.nc.usmmetlandsr
One
NortliCarolina
Naturally
An Equal ^pponunii7 V Afimiat&e Action Employe
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
DNVQ Project No.:
Applicant:
Counts:
Project Name:
Date of Issuance of 401 NVater 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 return this certificate to the 401 'rianspoitation Permitting
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC 27699-1650. ']']its 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
1, , 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:
Agents Certifcati_on
herebyr,state that, to the best of my abdiues,,due care andcfingence .
tt, was used in the,obsetvation of the construchon,5uchlthat the construction was observed to be built within substantial .,
compliance. and intent of the 401 Water Quality Certifrcation and Buffer Rules, the approved plans and -
specifications, and other supporting materials. - ,
Signature: Date:
Engineer's Certification
r Partial_,. , Final as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permtttee hereby state that, to the best of my abilities, dui 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 Registration No.
Date
Transportation and Pennining Unit
1650 Mail Service Center. Raleiah, Nonh Carolina 27699-1650
Location: 2321 Crabtree Blvd.. Suite 250, Raleigh. Nodh Carolina 27604
Phone: [phone] FAX: [phone]
Internet hHp:llh2o.enrslate nc.us:'nmetlands]
NortliCarol ina
Naturally
An Equaf G-nwdunity 1 Affirmative A-:on Employer