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HomeMy WebLinkAbout20071680 Ver 1_Approval Letter_20071107o~oF W a rFgQG Michael F. Easley, Governor ~ William G. Ross Jr., Secretary ~ r North Carolina Department of Environment and Natural Resources ~_ ~ Coleen H. Sullins, Director ~ ~` ` ~'~ "" ~ Division of Water Quality November 7, 2007 Beaufort County DWQ Project No. 20071680 APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO RIVER BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr. C.E. Lassiter, Jr., P.E. NCDOT, Division 2 PO Box 1587 Greenville, NC 27835 Dear Mr. Lassiter: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts: Wetlands Buffer Buffer Site Number fill Zone 1 Zone 2 Streams (linear ft) acres s ware ft s uare ft SR 1934 0.04 415 325 0 Net Total Im acts 740 The project shall be constructed in accordance with your application dated received October 4, 2007 for the purpose of the widening and paving of SR 1934 (Walker Rd) in Beaufort County. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3627. This certification corresponds to Nationwide Permit 14, issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico River Buffer Rules (i5A NCAC 2B A259). 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 expiae with the accompaaaying 404 permit issued by the US Army Corps of Engineers (this supersedes Condition 19 of General Certification 3627 issued 1Vlarch 19, 2007). 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 total impacts to streams or buffers (now or in the future) exceed ISO linear feet, compensatory mitigation may be required as described in 15A NCAC 21-I.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 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. 2.) The pertnittee 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.) 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. I~o~thCarol~'na N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone (252} 946-6481 l7~6lCa ~1,~ FAX (252) 946-9215 Internet: www.ncwaterquality.org An Equal OpportunitylAffirmativeAstion Employer - 50% Recycled110% Post Consumer Paper 4.) 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. 5.) 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. 6.) 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. 7.) All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most ~S:r;'.°,.^,t verS..^.n .^,f ?`:~.~n.T~',.^.n$ti"J~tl.^,:i a^,'a T~a:ntenance A.^.t'.:~It2SS :~a.'1L'al S'«.rl:.°„G $»ndhaaa r~~l~ hArmc r~ffPrrlam~ s ~~ and other diversion structures shall be used to prevent excavation in flowing water. 8.) The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabiflization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 9.) Fleavy 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. 1 a.) 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. 11.) No rock, sand or other materials shall be dredged from. the stream channel except where authorized by this certification. 12.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to -surface waters is prohibited. 13.) All fill slopes located in jurisdictionafl wetlands shall be placed at slopes no flatter than ~:1, unless otherwise authorized by this certification. 14.) 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. ] 5.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 16.) There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit 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 construcrion activities. 17.) Atl stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. 18.) Pursuant to NCACISA 2B .0259(6), sediment and erosion control devices shall not be placed in Zone 1 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. 19.) 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. 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, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. 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 Gaecy Ward at (252) 948-3922. S' cerely, -. q for Coleen Sullins Director, Division of Water Quality Attachment cc: Wilmington District Corps of Engineers Mr. William Wescott, US Army Corps of Engineers, Washington Field Office Mr. Jay Johnson, Division 2 Environmental Officer, NCDOT Steve Sollod, DCM, 1638 Mail Service Center, Raleigh, NC 27699 Sonia Gregory, NC DWQ, 401/Wetiands Unit Central Files File copy