20100556 Ver 1_Approval Letter_20100720

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 20, 2010
Wake County
NCDWQ Project No. 20100556
Cemetery Branch Stabilization
TIP No. R-2000WM
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Dr. Gregory J. Thorpe, Ph.D., Environmental Management Director
NCDO'r IDEA
1598 Mail Service Center
Raleigh, NC 27699
Dear Dr. Thorpe:,
You have our. approval, in accordance with the conditions listed below, for the following impacts for the purpose of
stabilizing the Oakwood Cemetery Mitigation Site in Wake County:
Stream Impacts in the Neuse River Basin
- Site Bank Stabilization to Perennial Stream (linear 1'1) Total Sri can) Impact (linear ft)
I too 100
Total 100 100
Total SL;-chin Impact lot Prnjecl: 100 line:u' rccl.
Neuse Riparian buffer Impacts
Site ZoneI Imntct sc ft - Zone 2lntrlcl sr fi
1 885 0
Totals 885 0
Total Buffer Impact for Project: 885 square feet.
The project shall be constructed in accordance with your application dated received July 14, 2010. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3689. This certification corresponds to the Nationwide Permit 13 issued by the Corps of Engineers. This approval
is also valid for the Neese Riparian Buffer Rules (15A NCAC 2B.0233). 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, Raleyh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd. Suite 250, :Ralegh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:llh2o.enr.state.nc.uslnmedandsl
NorthCarohna
;Vatumlly
An Eaual Opportunity \ARrmative Acton 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 NCDWQ 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, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in I5A NCAC 211 .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC.0242(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. NCDOT shall visually monitor the vegetative plantings to assess and ensure complete stabilization of the
mitigation stream segments. The monitoring shall be conducted a year after final planting. Photo documentation
shall be utilized to document the success of the riparian vegetation and submitted to NCDWQ for approval to assure
that mitigation credit from this restoration site is still valid.
2. The mitigation site shall be protected in perpetuity by a conservation easement and recorded in the NCDOT
Natural Environment Unit mitigation geodatabase. DWQ recommends fencing or other highly visible markers to
protect the easement from further damage.
3. 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.
4. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed fm stream -
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. . , .
5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
6. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved 13MP measures from
the most current version of NCDOT Consiruclion and Maiutenmtce Activities manual such as sandbags, rock bums,
cofferdunts and ocher diversion strucnues Shull be used to prevent excavation in flowing uatcr.
7. Heavy equipment shall be operated front the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of Other polluuntts into the stream.
S. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters font fuels, lubricants, hydraulic fluids, or other toxic materials.
9. No rock, sand or other materials shall be dredged from the sreant channel except where authorized by this
certification.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
11. The Pei mince and its authorized agents shall conduct its 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 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.
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 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.
14. 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) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
15. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
16. 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.
17. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project
by the end of the growing season following completion of construction.
18. 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.
19. 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 D9anagenrent 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 Ma n al.
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 Erasion Control Manual. The 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. Poi borro" pit sites, the erosion and scdimcut cootrol 11109SLIICS must he dcsi_ucd, iuslullcd, operated,
and maintained in accordance with the most recent version of the iAlorili Carolina Saifitce ,Mining
d'la+itml.
Cl. The rcclanmtion measures and implementation must compl}' with the reclamation in accordance «%ith
the requirements of the Scdimentmion Pollution Conuol Act.
20. Sediment and erosion control measures shall not be placed in wetlands, buffers or Neuters 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 considerec
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 (1) 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 Bearings
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
'['his lett6r 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,
Colcen 1-1. Sullins
Director
Cc: Clods Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Randy Griffin, NCDOT NEU
File Copy
NCDWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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
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 v ithin 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 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:
En;ineer's Certification
Partial Final
1. . as :I duly rceistcmd Professional 13nainec1 in the Scue of North
Carolina_ havhL been authorized to obSCIVC (re rindica l IV. Ueekly. full time) the construe I ion of the pmiecI.f)I the
Pennittee hereby state that, to the best of my abilities, (]tic 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