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20070111 Ver 1_Approval Letter_20070122
o~~~ w~T ~9~~ (~ ~ ~~~~~ ,r, - January 22, 2007 Durham County DWQ Project No. 20070111 SR 1004 State Project No. 39986.3.2 APPROVAL of 401 WATER QUALITY CERTIFICATION 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 widening SR 1004 in Durham County: Wetland Impacts in the Neuse River Basin Site Filt ac Mechanized Clearing ac Total Wetland Impact ac 1 0.0137 0.0114 0.0251 2 0.0163 0.0211 0.0374 Total 0.0300 0.0325 0.0625 Total Wetland Impact for Project: 0.0625 acres. The project shall be constructed in accordance with your application dated received January 19, 2007. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3404. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. 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 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. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and surface waters. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. N~o e~Carolina Transportation Permitting Unit ~tuYallr~ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-689311ntemet: http:l/h2o.enr.state.nc.uslncwetlands nmcnaei r. tasiey, governor 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 OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper 0~ ~AT~9 micnaei r. Caste , voveinvr William G. Ross Jr., Secretary ~dC~ ~G North Carolina Department of Environment and Natural Resources Gj r Alan W. Klimek, P.E. Director ~ Division of Water Quality © ~ya~e. -_ ~ .~ f' 2. 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. 3. 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. 4. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 5. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 6. 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. 7. 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. 8. Upon completion of the project, 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. 9. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 10. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this pemut without appropriate modification. Should 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. 11. 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: a. 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. b. 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. c. 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. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. N~o e~Carolina Transportation Pennitting Unit '' "`tura~~l/ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: http:/Ih2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper ~ WqT~. Michael F. Easley, Governor Q ~ William G. Ross Jr., Secretary \~~ OG North Carolina Department of Environment and Natural Resources Cq ~ Alan W. Klimek, P.E. Director ~ Division of Water Quality © ~K ., „~ ~':~~;w ~i7.f t1= 12. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 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 Rob Ridings at (919) 733-9817. incer y, c Alan W. Klimek, P.E. ~`- 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 DWQ Raleigh Regional Office copy File Copy N~o e~Carolina Transportation Permitting Unit ~tfllClJ~i'l,J 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet: htto:/lh2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycledl10% Post Consumer Paper