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HomeMy WebLinkAbout20050757 Ver 1_Approval Letter_20050519~~~ W A r~94 O G ~ ~' --1 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 0 May 19, 2005 Pitt County DWQ Project No. 050757 APPROVAL of 401 Water Quality Certification and TAR-PAMLICO RIVER RIPARIAN BUFFER AUTHORIZATION Mr. John Rouse, Project Manager NCDOT, Division 2 PO Box 1587 Greenville, NC 27835-1587 Dear Mr. Rouse: You have our approval, in accordance with the conditions listed below, for the following stream impacts for the purpose of 5 pipe replacements and/or extensions under NC 33 in Pitt County. Impact Stream Impacts - Stream Impacts -',, Riparian Buffer Impacts (Square Feet) Locations Permanent Fill Temporary (Linear Feet) (Linear Feet) ~ 320 Zone 2) 480 Zone 1 + 2 3 800 5 Site 1 58 2 4 , , ( , 6,400 (3,840 Zone 1 + 2,560 Zone 2) Site 2 64 4 2,000 (1,200 Zone 1 + 800 Zone 2) Site 3 20 4 200 (2,280 Zone 1 + 1,920 Zone 2) 4 Site 5 48 4 , 2,000 (1,200 Zone 1 + 800 Zone 2) Site 16 20 The project shall be constructed in accordance with your application dated received May 4, 2005. After reviewing your application, we have decided that the stream impacts and riparian buffer impacts described are covered by General Water Quality Certification Number 3404. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico River 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, unless otherwise specified in the Water Quality Certification. 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 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. 1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Formsri 11 ~om lete ~e attached formtand return it t the 401/Wetlands Unit of the Division ofe responsible party p Water Quality upon completion of the project. 2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved otherwise by this certification. N°ne Carolina ~tura!!y Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733-1786 /FAX 919-733-66931 Internet: htto~//h2o enr state.nc.us/ncwetlands s 3.) 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. 4.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 5.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions. 7.) All mechanized equipment operated neaz surface waters must be regulazly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 9.) 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. 10.) 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. 11.) Pursuant to NCACISA 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Taz-Pamlico River 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 dischazge is released as diffuse flow. 12.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 13.) Placement of culverts and other structures in waters, streams, and wetlands must 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 stream beds 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. 14.) If the above condition (#13) is unable to be met, due to bedrock or other limiting features; encountered during construction, please discontinue activities and contact the NCDWQ for directions on how to proceed. 15.) Approximately six (6) months after the installation of a culvert or other structure in waters, streams, and wetlands, the upstream and downstream areas adjacent to the structure shall be inspected for erosional areas, headcutting, perching, etc. Eighteen (18) months after installation another visual inspection shall be conducted. Any problems found during the inspections should be documented and the appropriate Regional DWQ staff member shall be notified. NCDOT shall consult with the Regional DWQ staff member to determine if a permit modification is needed to correct the problem. 16.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened 17.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 18.) All work shall be performed during low or normal flow conditions. 19.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1. 20.) A copy of this Water Quality Certification shall be posted 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. 21.) For any of the sites being impacted due to site dewatering activties, the site shall be graded to its preconstruction contours and revegetated with native vegetation. 22.) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated with native woody species upon completion of the project construction. Apost-construction as-built with the restoration activities included shall be submitted to the DWQ no later than 60 days after the project is closed out by the Department of Transportation. 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 heazing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. 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 Christina Breen at (919) 733-9604. ly, Alan W. Klimek, P.E. JEH/cmb Attachment cc: Mr. Bill Biddlecome, US Army Corps of Engineers, Washington Field Office Mr. Jay Johnson, Division 2 Environmental Officer, PO Box 1587, Greenville, NC 27835-1587 NC DWQ Washington Regional Office Central Files File Copy c:\Correspondence\20050therProjects\DWQ050757\051905wgc.doc r