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HomeMy WebLinkAbout20080152 Ver 1_Approval Letter_20080128Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality January 28, 2008 Wayne County DWQ Project No. 20080152 SR 1511 State Project No. 4C.096057 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. R.E. Greene, Jr, P.E., Division Engineer NCDOT, Division 4 PO Box 3165 Wilson, NC 27895-3165 Dear Mr. Greene: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of paving SR 1511 in Wayne County: Stream Im acts in the Neuse River Basin Site Permanent Fill in Intermittent Stream linear ft Total Stream Impact linear ft Stream Impacts Requiring Miti ation linear ft 1 85 85 0 Total 85 85 0 Total Stream Impact for Project: 85 linear feet. Neuse Riparian Buffer Impacts Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 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) (sq ft) wetlands) 1.5:1 ratio) s ft 1 1200 0 1200 N/A 800 0 800 N/A Totals 1200 0 1200 0 800 0 800 0 * n/a =Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project: 2,000 square feet. The project shall be constructed in accordance with your application dated received January 22, 2008. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3704. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Neuse 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. Nose Carolina Transportation Permitting Unit ~ -'utuCQ~l'lf 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-689311ntemet: http:llh2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper ~/aj'~ Michael F. Easley, Governor ~~ + ~Q William G. Ross Jr., Secretary `~ "' G North Carolina Department of Environment and Natural Resources ~ ? ~. Coleen Sullins, Director ~_ 1 ~ Division of Water Quality U _`, 'C 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 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, or of total impacts to streams (now or in the future) exceed 1501inear feet, compensatory mitigation maybe required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification as well as those listed below: Conditions of Certification: 1. Placement of culverts and other structures in waters, streams, and wetlands 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 streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ 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 any streams being impacted due to site dewatering activties, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. 4. All stormwater 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 DOT 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. 6. Pursuant to NCACISA 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion control devices in Zone 1, 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 1 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 due to the potential for elevated pH and possible aquatic life and fish kills. 8. 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. 9. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. N,op°~thCarolina Transportation Permitting Unit QtllCll~~(~ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-689311nternet: htto://h2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper Michael F. Easley, Governor O~ W A r~~ William G. Ross Jr., Secretary ~~ ~~ North Carolina Department of Environment and Natural Resources ~ y Coleen Sullins, Director i r Division of Water Quality ~ °-i D . ~° ; 'C 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 Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 12. 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. 13. 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. 14. 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. 15. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 17. A copy of this Water Quality Certification shall be maintained on site at 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. 18. 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. 19. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that maybe 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. 20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 21. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. 22. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 23. 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. No°e Carolina Transportation Permitting Unit ~tuCQ~~y 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-689311ntemet: http•//h2o enr state.nc.us/ncwetlands An Equal OpportunitylAffirmativeAaion Employer - 50% Recyded110% Post Consumer Paper ~© A T~~, ~_ 4 -, - ~ ti, Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality 24. Erosion and sedime larion and operat on and mai enan epof such BestlManagelment Praocticeslnn the proper design, instal order to protect surface waters standards: a. The erosion and sediment control measuree enttverson of the North Carolidna1Sediment and Erdosion maintained m accordance with the most r Control Planning and Design Manual. b. The design, installation, u lao~exceed, the requirements specified n themostl~ecent version of the must be such that they eq , North Carolina Sediment and End avast o ile (sp 1) projects,emclud'ng contractor~olwnedeor leased construction sites, borrow sites, a p 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 wit the requirements of the Sedimentation Pollution Control Act. 25. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If you do not accept any of the conditions of this certification, 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 that conforms 6714 Mail Service to Chapter 150B of the N69 CThis ert fication and its conditOns are final a d bind ng unless you ask for a Center, Raleigh, N.C. 27 hearing. This letter completes the rase ont ct Rob Ridings at (919733 98 der Section 401 of the Clean ater Act. If you have any questions, ple Sincerely, Colee Sullins Director Attachments (General Certification and Certificate of Completion form) cc: Chad Goggins, Division 4 Environmental Officer William Wescott, US Army Corps of Engineers, Washington Field Office Travis Wilson, NC Wildlife Resources Commission File Copy None CarOllna ~tcrra!!y Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-689311ntemet: htt :/lh2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper