20080555 Ver 1_Approval Letter_20080403

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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
April 3, 2008
Wake County
DWQ Project No. 20080555
US 70 Bypass, Loop B
State Project No. 34459.3.4
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with
ADDITIONAL CONDITIONS
Mr. R.E. Greene, 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
stabilizing UT Swift Creek under US 70 Bypass Loop B in Wake County:
Stream Im acts in the Neuse River Basin
Site Ri ra in Intermittent Stream linear ft Total Stream Im act linear ft
1 15 15
2 10 10
Total 25 25
Total Stream Impact for Project: 25 linear feet.
The project shall be constructed in accordance with your application dated received March 26, 2008. 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 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.
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 150 linear feet, compensatory mitigation may be 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. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
No~ne~Carolina
Transportation Permitting Unit ~' ~"'*~ura«/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]FAX[phone]Intemet: httg://h2o.enr.state.nc.us/ncwetlands
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~~ W A r~9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
`O~ pG North Carolina Department of Environment and Natural Resources
~ ~ Coleen Sullins, Director
~ ~ Division of Water Quality
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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 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.
3. Pursuant to NCAC 15A 2B.0233(ti), 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.
4. 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.
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 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.
7. 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.
8. 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.
9. No rock, sand or other materials shall be dredged from the stream 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 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.
12. 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.
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.
N~o e~Carolina
Transportation Permitting Unit ~tl>!CR~~IJ
1650 Mail Service Center, Ralegh, 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
William G. Ross Jr., Secretary
North Carolina Department of EnvironmentCo een Sulli Re Director
Division of Water Quality
The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
14.
discovery.
15. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
re ulations, or ordinances that may be imposed by othffegrules, S orrnwater management rules, soilf erdosion andng
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jurisdiction, including but not limited to applicable u
sedimentation control requirements, etc. )the NCDOT
g im acts at associated borrow or waste site , when
16. Upon completion of the project (includin any p
Division Engineer shall complete and return the en cloosned et edrtification of Completion Form" to notify DW
all work included in the 401 Certification has bee P
17. Native riparian vegetation (i.e., trees and shrubs natrowin yseason following gomplet on of construction. wrthin
the construction limits of the project by the end of the g g
18. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
ermit without appropriate modification. Should waster wb l be required since that is a direct impa c from oad ' be
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located in wetlands or streams, compensatory m~tiga ~o
construction activities.
19. Erosion and sediment control practice on and maintelnan epof such BestlManagementnPra~ticesing
the proper design, installation and operat
order to protect surface waters standards:
a. The erosion and sediment control measures enttverson of the North Carolina Sedilment and Erdosion
maintained in accordance with the most rec
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 requiManual. s The tdevices eshall the cmaintained on tall
North Carolina Sediment and Erosion Control
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
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 mentapion Pollution Control Act w'th the reclamation in accor ance w
the requirements of the Sed
20. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
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]nternet: htt :l/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
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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 petit? 14 Mail Service
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,
Center, Raleigh, N.C. 27699. This certification and its conditions are fmal and binding unless you ask for a
hearing. This letter compleonsheleaseeco t ct Rob Ridings at (919~7a3 981 der Section 401 of the Clean Water
Act. If you have any quest , p
Sincerely,
Coleen Sullins,
Director
Attachments (General Certification and Certificate of Completion form)
cc: Chad Goggins, Division 4 E Co °s of Enl Oeers,rWashington Field Office
William Wescott, US Army rp g
Travis Wilson, NC Wildlife Resources Commission
File Copy
Nose hCarolina
~atura!!y
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 :llh2o.enr.state.nc.uslncwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper