20100256 Ver 1_Approval Letter_20100619

L
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue - Colleen H. Sullins
Governor - Director
July 19. 2010
Warren County
NCDWQ No. 20100256 ven 2
US lib 1usiness
State Project No. 5.109311
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PADILICO BUFFER
AUTHORIZA'T'ION, with ADDITIONAL CONDITIONS
Mr. J.W. Bowman, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Bowman:
Dee Freeman
Secretary
You have our approval, in accordance with the conditions listed below, for the following additional impacts for the
purpose of stream stabilization near US 158 Business in Warren County: '
New Stream impacts in the Tar-Pamlico River Basin
Site Riprap to Perennial Stream
linear ft Temporary Dewatering to Perennial
Stream linear ft Total Stream Impact
linear ft
1 150 150 (Concurrent) 150
Total 150 150 (Concurrent) 150
Total Stream Impact for Project: 150 linear feet.
Neic Tar-Pamlico Riparian Buffer Impacts
Site Zone I rninu.s = Zone I 'hone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation _ Impact Wetlands Buffers Mitigation
(sq (t) in '/,one I wetlands) Required r ? (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq t't) wetlands) 1.5:1 ratio)
s ft
1 1500 0 1500 0 " 0 0 0 0
Totals 1500 0 1500 0 = 0 0 0 0
Total Buffer Impact for Project: 1,500 square feet.
The project shall be constructed in accordance with your application dated received July 9, 2010. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3820. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval
is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 213.0259). 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 Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd. Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
IntemeC http llh2o.enrstate,nc.us!ncwellands!
One
NorthCarolina
Naw,rallry
An ECOal OppeAunlty 1 Affumatye AcUon Employer
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCD WQ 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 tills for this project (now or in the future) exceed one acre, or of 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 (b) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC.0260(9). For this approval to remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional conditions listed below.
Conditions of Certification
1. 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 propose 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 with non-maintained buffers shall be permanently revegetated with
native woody species before the next growing season following completion of construction.
2. Pursuant to NCAC15A 2B.0259(6) , sediment and erosion control devices shall not be placed in Zone I of any Tar-
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.
3. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconstmction
contours and revegetated with appropriate native species., -
4. Channel relocations shall be completed and stabilized prior to diverting water into the new channel. Stream banks
shall be matted with coir-Fiber matting. Vegetation used for bank stabilization shall be limited to native riparian
vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel to the
maximum extent practical. Also, rip-rap is allowed to maintain the physical integrity of the stream, limited to the
amount approved in this certification. Once the stream has been turned into the new channel, it may be necessary to
relocate stranded fish to the new channel to prevent fish kills, if applicable.
5. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
6. 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.
7. "fhe Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
8. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
9. 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.
10. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
12. 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.
13. The perniittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting fiom compliance with §303(d) of the Clean Water Act) and any other
appropriate requirements of State and Federal law. If NCDWQ determines 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 compliance, NCDWQ may reevaluate and modify this certification.
14. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas
within the fencing are prohibited unless otherwise authorized by this certification.
15. The issuance of this certification does not exempt the Perniittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other govenmient agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, storntwater management rules, soil erosion and
sedimentation control requirements, etc.
16. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
17. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work
included in the 401 Certification has been completed.
18. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) must be reestablished within
the construction limits of the project by the end of the growing season following completion of construction.
19. 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 or borrow, sites. be
located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construction activities.
20. 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 (lie North Carolina Sedintew and Erosion
Control Planning and Design Hamad,
b. The design, installation, operation, and nlaiulcnance of the sediment and erosion control neasures
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 ca ]eased
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 Staface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative 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 filings Monday through Friday between the hours of 8:00am and 5:00pm, except
for official state holidays. The original 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 Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone:[phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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,
ColeenH. Sullins
Director
Cc: Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
File Copy
NCDWQ Project No.:
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 return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form
may be returned to NCDWQ 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 consouction 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:
Agent's Certification
1, hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the consouction 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:
Engineer's Certification
Date:
Partial Final
1, . 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
Permittee hereby state that, to the best of my abilities, clue 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 Buller Bales, the apI)FON Cd plans and sped fictitious, and Other supporting uuiteriuls.
Signature
County:
Registration No.
Date