HomeMy WebLinkAbout20120644 Ver 1_Approval Letter_20120803Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild P E
Director
August 3 2012
Greene County
DWQ Project No 20120644
US 258 Improvements
Dee Freeman
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with ADDITIONAL
CONDITIONS
Mr Jay Johnson
North Carolina Department of Transportation
P O Box 1587
Greenville NC 27835
Dear Mr Johnson
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of the widening of
'US 258/13 in Greene County
Buffer and Welland Imnacts in the Neuse Basin
The project shall be constructed in accordance with your application dated received July 2 2012 and amended PCN form dated
received August 1 2012 After reviewing your application we have decided that these impacts are covered by General Water Quality
Certification Number 3886 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
r
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
Certtfication 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 Imear 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 m the attached certification
1 The issuance of this certification does not exempt the Permittee from complying with any and all statutes rules regulations or
ordinances that may be imposed by other government agencies (i a local state and federal) having, jurisdiction including but not
limited to applicable buffer rules stormwater management rules soil erosion and sedimentation control requirements etc
North Carolina Division of Water Quality Internet www.ncwaterquatdv.ore
943 Washington Square Mall Phone 252 946 6481
Washington NC 27889 FAX 252 946 9215
An Equal Opportunity/Affirmative Acton Employer— 50/ Recycled /10 A Post Consumer Paper
One
NorthCazoluia
6Natura!!y
Buffer Zone 1
Buffer Zone 2
Wetland
Site Number
s ft
(sq ft
Fill ac
US 258/13
413
273
0 065
Net Total
686
0 065
Impacts
The project shall be constructed in accordance with your application dated received July 2 2012 and amended PCN form dated
received August 1 2012 After reviewing your application we have decided that these impacts are covered by General Water Quality
Certification Number 3886 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
r
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
Certtfication 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 Imear 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 m the attached certification
1 The issuance of this certification does not exempt the Permittee from complying with any and all statutes rules regulations or
ordinances that may be imposed by other government agencies (i a local state and federal) having, jurisdiction including but not
limited to applicable buffer rules stormwater management rules soil erosion and sedimentation control requirements etc
North Carolina Division of Water Quality Internet www.ncwaterquatdv.ore
943 Washington Square Mall Phone 252 946 6481
Washington NC 27889 FAX 252 946 9215
An Equal Opportunity/Affirmative Acton Employer— 50/ Recycled /10 A Post Consumer Paper
One
NorthCazoluia
6Natura!!y
Page 2 of 4
2 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
3 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval
4 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this
certification
5 The outside buffer wetland or water boundary located within the construction corridor approved by this certification 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
b 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
7 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
8 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
9 All mechanized equipment operated near surface waters must be regularly mspected and maintained to prevent contamination of
stream waters from fuels lubricants hydraulic fluids or other toxic materials
10 Erosion and sediment control practices must be in full compliance with all specifications governing the proper design installation
and operation and maintenance of such Best Management Practices in order to protect surface waters standards
The erosion and sediment control measures for the project must be designed installed operated and maintained in
accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design
Manual
The design installation operation and maintenance of the sediment and erosion control measures must be such that they
equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual The devices shall be maintained on all construction sites borrow sites and waste pile (spoil) projects
including contractor owned or leased borrow pits associated with the project
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
The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of
the Sedimentation Pollution Control Act.
11 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification
12 Dischargmg hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited
13 Native riparian vegetation (ex list trees and shrubs native to your geographic region) must be reestablished within the
construction limits of the project by the end of the growing season following completion of construction
14 There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this certification
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
15 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved
by this certification
Page 3 of 4
t
s.
16 Pursuant to 15A NCAC 2B 0233(6) sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer
without prior approval by NCDWQ At this time 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
17 All riparian buffers unpacted 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 NCDOT 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 f
18 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery '
19 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
20 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
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 to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 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 Garcy Ward at (252) 948 3922
S�n cerel
for Chuck W ild
Attachments (General Certification and Certificate of Completion form)
cc Tom Steffens US Army Corps of Engineers Washington Field Office
Sonia Carrillo DWQ Transportation Permitting Unit
File Copy
Page 4 of 4
DWQ Project No County
Annhcant
Project Name
Date of Issuance of 401 Water Quality Certification
k
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 Transportation Permitting Unit North Carolina Division of
Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form may be returned to DWQ by the applicant, the
applicant s authorized agent, or the protect 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 withm substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials t
Signature
Date
Agent'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
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 tune) the construction of the protect for the Permtttee hereby state that to the
best of iffy 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
Registration No