20110248 Ver 1_Approval Letter_20110318

Q10
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Dee Freeman
Secretary
March 18, 2011
Johnston County
NCDWQ Project No. 20110248
SR 1702/ SR 1003 Stream cleanout
State Project No. 4.20511
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. Robert Lewis, P.E., Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895-3165
Dear Mr. Lewis:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
cleaning sediment out of UT Buffalo Creek between SR 1702 and SR 1003 in Archers Lodge, Johnston County:
stream Imnarte in tha Nauca Rivar Racin
Site Sediment Excavation in Intermittent Stream linear ft Total Stream Impact linear ft
1 250 250
Total
i oral stream -ieanout for Project: 250 linear feet.
Nnncn Rina rian Ruffar Im nn ntc
Site Zone 1 minus =Zone 1 Zone 1 Buffer yr Zone2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone I wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) 1. (sq ft) wetlands) 1.5:1 ratio)
s ft
1 10000 0 10000 N/A ` 0 0 0 N/A

Totals 10000 0 10000 0 4? 0 0 0 0
- tva = i otai nor Jne is Less man us acre or impact, no mitigation required
Total Buffer Impact for Project: 10,000 square.feet. -
The project shall be constructed in accordance with your application dated received March 15, 2011. After
reviewing your application,. we have decided that these impacts are covered by General Water Quality Certification
Number 3687. `this certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This
approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 28.0233). 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 i?iOne t l
Wetlands B Stormwater Branch - 1 VOrthiCarolina
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ?f {l/N?f//
Phone: [phone] FAX. 91 M07-6494 - ' - - ?KGK 4i` -
.:Internet. http:l/h2o.enr.state.nc.uslncwetlandsl--- - - -?-_.
An Equal opportunity l Affirmative Action 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 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC2B.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. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation
responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream
channel shall be temporary and be revegetated with native riparian species.
2. 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. The area with non-maintained buffers shall be permanently revegetated
with native woody species before the next growing season following completion of construction.
3. Pursuant to NCAC 15A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone I of any
Neuse 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.
4. 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.
5. 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.
6. The permittee 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.
7. 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.
8. 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.
9. 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.
10. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
1 1. 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`
12. 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.
-13. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
14. 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
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 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.
13. 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 (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 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 919-807-6403.
Sincerely,
n
II .n Coleen H. Sullins
IV7 Director
Cc: Chad Coggins, Division 4 Environmental Officer
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Travis Wilson, NC Wildlife Resources Commission
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