20020400 Ver 1_Complete File_20050929

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September 29, 2005
Dr. Gregory J. Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Modification to the Widening and Realignment of SR 1400 (Cliffdale Road) from US 401 to SR
1403 (Reilly Road), Cumberland County, TIP No. U-2520, WQC Project No. 020400, WQC No.
3381
Dear Dr. Thorpe:
Attached hereto is a modification to Certification No. 3381 issued to the North Carolina Department of
Transportation on September 29, 2005. This modification replaces the modification issued on September
7, 2005. The attached modification authorizes 95 linear feet of additional stream impacts at Site 4. This
modification is applicable only to the additional proposed activities. All the authorized activities and
conditions of certification associated with the original Water Quality Certification dated April 19, 2002
and all other corresponding modifications still apply except where superceded by this certification.
If we can be of further assistance, please do not hesitate to contact us.
Attachments
Modifications to WQC No. 3381
Alan W. Klimek, P.E.
Director
Sinc ly,
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cc: Richard Spencer, US Army Corps of Engineers Wilmington Field Office
Travis Wilson, NC WRC
Gary Jordan, US FWS
Christopher Militscher, US Environmental Protection Agency - Region IV
Ken Averitte, NC DWQ Fayetteville Regional Office
Central Files
File Copy
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Trans ortation Permittin Unit QtllCll
1650 Mall Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
wncnaei r. r-asiey, uovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section.0500, and 15 NCAC 213 .0233. The attached modification
authorizes the NCDOT to incur the following impacts:
Table 1. - Stream Impacts in the Cape Fear River Basin
Section Stream Mitigation
Impacts Required
(linear feet) (linear feet)
Site 4 Impacts
authorized under 92 0
original W QC
-
Site 4 Impacts for 95 0
this modification
Total Modified 187 0
Impacts for Site 4
This modification is applicable only to the additional proposed activities. All the authorized activities and
conditions of certification associated with the original Water Quality Certification dated April 19, 2002
and all other corresponding modifications still apply except where superceded by this certification. The
project shall be constructed pursuant to the application submitted on August 16, 2005 (received August
19, 2005). The application provides adequate assurance that the discharge of fill material into the waters
of the Cape Fear River Basins in conjunction with the proposed development will not result in a violation
of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina
certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set
forth.
This approval is only valid for the purpose and design that you submitted in your application, as described
in the Public Notice. Should your project change, you are required to 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 additional wetland impacts, or
stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively,
additional compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7).
For this approval to remain valid, you are required to comply with all the conditions listed below. In
addition, you should obtain all other federal, state or local permits before proceeding with your project
including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and
Water Supply watershed regulations. This Certification shall expire three years from the date of the cover
letter from DWQ or on the same day as the expiration date of the corresponding Corps of Engineers
Permit, whichever is sooner.
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Condition(s) of Certification:
1. Clearing and grubbing of vegetation should not begin until all necessary equipment is on site,to begin
construction of the step pool channel.
2. All the authorized activities and conditions of the certification associated with the original Water
Quality Certification dated April 19, 2002 and all other corresponding modifications still apply except
where superceded by this certification.
Conditions from WQC No. 3381 issued April 19, 2002:
Appropriate sediment and erosion control practices which equal or exceed those outlined in the most
recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or
the North Carolina Surface Mining Manual, whichever is more appropriate (available from the
Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full
compliance with all specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with the appropriate
turbidity water quality standard (50 NTUs in all fresh water streams and rivers not designated as trout
waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in trout waters);
2. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within 30 days after the project has
been released;
3. If an environmental document is required, this Certification is not valid until a FONSI or ROD is
issued by the State Clearinghouse. All water quality-related conditions of the FONSI or ROD shall
become conditions of this Certification;
4. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the
state until the concrete has hardened;
5. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated
with this permit without appropriate modification of this permit. Should waste or borrow sites be
located in wetlands or stream, compensatory mitigation will be required since it is a direct impact
from road construction activities.
6. All channel relocations will be constructed in a dry work area, and stabilized before stream flows are
diverted. Channel relocations will be completed and stabilized prior to diverting water into the new
channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing
season. Vegetation used for bank stabilization shall be limited to native woody species, and should
include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on
both sides of the relocated channel to the maximum extent practical. A transitional phase
incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be allowed if it is
necessary to maintain the physical integrity of the stream, but the applicant must provide written
justification and any calculations used to determine the extent of rip-rap coverage requested.
7. Compensatory mitigation for impacts to streams shall be done for 576 linear feet of stream impact at a
replacement ratio of 1:1. As such, compensatory mitigation for 576 linear feet of streams is required.
We understand that you have chosen to perform compensatory mitigation for impacts to streams
through an in lieu payment to the North Carolina Wetland Restoration Program (NCWRP), and that
the WRP has agreed to implement the mitigation for the project. Mitigation for unavoidable impacts
to streams shall be provided through an in-lieu payment to the North Carolina Wetlands Restoration
Program (NCWRP) at a rate of $125 per linear foot. Therefore, a total payment of $72,000 shall be
submitted to the NCWRP to offset the impacts. No construction activities in jurisdictional streams
shall begin until payment for stream mitigation is made and the Wetland Restoration Program
receives and clears your check (made payable to DENR - Wetland Restoration Program). The
payment to NCWRP shall be sent within two months of issuance of the 404 permit. If you have any
questions concerning the Wetland Restoration Program, please contact them a t 91-733-5208.
Compensatory mitigation for impacts to wetlands shall be done for 1.67 acres of impacts. Applying
a replacement ratio of 2:1, total mitigation for 3.34 acres of riparian wetlands shall be provided. We
understand that you have chosen to perform compensatory mitigation for impacts to streams through
an in lieu payment to the North Carolina Wetland Restoration Program (NCWRP), and that the WRP
has agreed to implement the mitigation for the project. Mitigation for unavoidable impacts to
wetlands shall be provided through an in-lieu payment to the North Carolina Wetlands Restoration
Program (NCWRP) at a rate of $24,000 per acre for 3.25 acres of impacts (Acreage requirements
proposed to be mitigated through the Wetland Restoration Program must be rounded to one-quarter
increments according to 15A 2R .0503(b). Therefore, a total payment for 3.25 acres impact at
$24,000 per acre for a total payment of $78,000 shall be submitted to the NCWRP to offset the
impacts. No construction activities in jurisdictional streams shall begin until payment for wetland
mitigation is made and the Wetland Restoration Program receives and clears your check (made
payable to DENR - Wetland Restoration Program). The payment to NCWRP shall be sent within
two months of issuance of the 404 permit. If you have any questions concerning the Wetland
Restoration Program, please contact them a t 91-733-5208.
9. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the Division of Water Quality upon completion of the project.
10. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown
to DWQ that providing passage would be impractical. 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 shall
be maintained if requested in writing by DWQ.
11. The permittee shall require its contractors (and/or agents) to comply with all of the terms of this
certification, and shall provide each of its contractors (an/or agents) a copy of this certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above conditions
are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification
shall expire upon the expiration of the 404 or CAMA permit.
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If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are
made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon
written request within sixty (60) days following receipt of the Certification. Unless such demands are
made, this Certification shall be final and binding.
This the 29"' day of September 2005
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
Director
WQC No. 3381
DWQ 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/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC,
27699-1621. This 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
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 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 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:
Engineer's Certification
Date:
Partial Final
I, , 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, 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
Registration No.
Date