20080436 Ver 1_Approval Letter_20080319

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March 19, 2008
Warren County
DWQ Project No. 20080436
SR 1532
State Project No. 5.209321
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. J.W. Bowman, Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Bowman:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
a pipe replacement in Warren County:
Stream Impacts in the Tar-Pamlico River Basin
Site Intermittent Stream Permanent Fill in Riprap Impact to Temporary Dewatering Total Stream
Channel Excavation Intermittent Stream Intermittent Stream to Intermittent Stream Impact
linear ft linear ft linear ft linear ft linear ft
1 120 14 (Concurrent 20 (Concurrent) 120 Concurrent 120
Total 120 14 Concurrent 20 Concurrent •120 Concu„rrent 120
Total Stream Impact for Project: 1201inear feet.
Tar-Pamlico 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 1 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 5152 0 5152 N/A 0 0 0 N/A
Totals 5152 0 5152 0 0 0 0 0
* n/a =Total for Site is less than 1!3 acre and 1501inear feet of impact, no mitigation required
Total Buffer Impact for Project: 5,1852 square feet.
The project shall be constructed in accordance with your application dated received March 11, 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 Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B.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.
No°1thCarolina
Transportation Perrnitting Unit lttllCll~~l,~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http:l/h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment. and Natural Resources
Coleen Sullins, Director
Division of Water Quality
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. 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. As stated in your application, riparian buffer impact for access
to stream channel is temporary and will be revegetated with native riparian species.
2. 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 DW Q for guidance on
how to proceed and to determine whether or not a permit modification will be required.
3. 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.
4. 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.
5. All stormwater runoff shall be duected as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
6. 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.
7. Pursuant to NCAC I SA 2B.0259(6), sediment and erosion control devices shall not be placed in Zone l of any
Tar-Pamlico 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.
8. 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.
None Carolina
~turallt~
Transportation Permitting Unit
1650 Mail 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
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Michael F. Easley, Governor
OF W ATF,~ William G. Ross Jr., Secretary
©~ ~G North Carolina Department of Environment and Natural Resources
~ y Coleen Sullins, Director
~ Division of Water Quality
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9. 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.
10. 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.
11. 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.
12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
13. 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.
14. 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.
15. 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.
16. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
18. 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 DWQ 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, DWQ may reevaluate and modify this certification.
19. 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.
20. 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.
21. 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.
22. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
23. Sediment arid erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, NoRh Carolina 27604
Phone: [phone] /FAX [phone]ntemet: htto•J/h2o enr.state.nc.uslncwetlands
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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. Upon completion of the project (including aenc osedtSCertifiocation of Complet on Form')to notify DWQ when
Division Engineer shall complete and return the
all work included in the 401 Certification has been completed.
25. Native riparian vegetation (i.e., trees and shrubs natrowin yseason following gompletion of construction. within
the construction limits of the project by the end of the g g
26. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
ermit without appropriate modification. Should ~'~'ation wl l be required sinceethat is a direct impacbt from road ~ be
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located in wetlands or streams, compensatory rmtiga
construction activities.
27. Erosion and sediment control practiheos and man Hance of such Be t ManagecmenttPracticoeseining
the proper design, installation and opera
order to protect surface waters standards:
a. The erosion and sediment control measurrecent vherson of the North Cagolin Sedimeent and Erosa'on
maintained in accordance with the most
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 excendContro Manual t The devidCeslshall be maint fined on allf the
North Carolina Sediment and Erosio
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or lease
borrow pits associated with the project.. erated,
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, op
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 reclari~ation in accordance with
the requirements of the Sedimentation Pollution Control Act.
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
s 6714 Mail Service
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearing ,
unless you ask for a hearing.
Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding
This letter completes the review of the Division at 919e Q3 98 7under Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Rrdmgs ( )
Sincerely,
__-
een Sul ins,
Director
Attachments (General Certification and Certificate of Completion form)
cc: Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htt ://h2o.enr.state.nc.us/ncwetlands
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