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HomeMy WebLinkAbout20060367 Ver 3_Approval Letter_20080110 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen Sulllins, Director Division of Water Quality January 10, 2008 Wake County DWQ Project No. 20060367 v.3 SR 3015 TIl' No. U-3344A RE-ISSUANCE of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Dr. Gregory Thorpe, Ph.D NCDOT Project Development & Environmental Analysis Branch 1598 Mail Service Center Raleigh, NC 27699-1598 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of widening SR 3015 (Airport Blvd) in Wake County: Stream Impacts in the Neuse River Basin Site Permanent Fill in Perennial Stream linear ft Total Stream Impact linear ft 2 109 109 Total 109 109 Total Stream Impact for Project: 1091inear feet. Wetland Impacts in the Neuse River Basin Site Fill ac Total Wetland Im act ac 1 0.07 0.07 Total 0.07 0.07 Total Wetland. Impact for Project: 0.07 acres.. Neuse Riparian Buffer Impacts Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 Zone 2 Buffer Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation (sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using (sq ft) (sq ft) (using 3:1 ratio) :.~' (sq ft) wetlands) 1.5:1 ratio) s ft 1 2860 0 2860 N/A 1811 0 1811 N/A 2 8412 0 8412 N/A 4921 0 4921 N/A Totals 11272 0 11272 0 6732 0 6732 0 * n/a =Total for Site is less than 1 /3 acre and 1501inear feet of impact, no mitigation required Total Buffer Impact for Project: 18,004 square feet. N~°e Carolina Transportation Permitting Unit d -'u~ura~~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: httg:/lh2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper ~AT~, Michael F. Easley, Governor Q~, , ~ William G. Ross Jr., Secretary `flC~ ~G North Carolina Department of Environment and Natural Resources ~ ~ Coleen Sullins, Director ~ ~ ~ Division of Water luality o : -~ The project shall be constructed in accordance with your original application dated received March 8, 2006, your modification request dated received April 11, 2007, and re-issuance request dated received January 9, 2008. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3704. 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. This certification replaces the previous versions issued Apri124, 2006 and April 17, 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 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 as well as those listed below. Conditions of Certification: 1. Placement of culverts and other structures in waters, streams, and wetlands shall 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 streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 2. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. 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. 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. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 5. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 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. None Carolina Transportation Permitting Unit ~~1lCll!!lf 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: htto:llh2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper ~~~ ~~Q © -~, } --I 4 ::. „~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality 8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. revent . All mechanized equipment operated near surface h draulic fl uds, or other to pc material maintained to p 9 contamination of stream waters from fuels, lubricants, y ck sand or other materials shall be dredged from the stream channel except where authorized by this 10. No ro , certification. Dischar ing hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface 11. g waters is prohibited. ermittee and its authorized agents shresult n ufrom compliance w h §303(4) sistent with State wa er 12. Thep of the Clean Water Act) and quality standards (including any requirements g deterrmnes that such standards or laws are not any other appropriate requirements of State and Federal law. If DWQ reevaluate and modify this certification. including the failure to sustain a designated or achiev`~eVd u~ or that State or federal law is being violated, being met or that further conditions are necessary to assure compliance, D Y All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise 13. authorized by this certification.. co of this Water Quality Certification shall be postedi an e hall becmaintamed with the Divisaon Engineer 14. A py Water Quality Certification and all subsequent modificatrons, y and the on-site project manager. roved by this 15. The outside buffer, wetland or water boundvisible fencing n the construction corri or app rior to any land disturbing activities. Impacts to authorization shall be clearly marked by highly areas within the fencing are prohibited unless otherwise authorized by this certification. 'on of the roject, the NCDOT Division Engineer shall complete and return the enclosed 16. Upon compleri p when all work included in the 401 Certification has been "Certification of Completion Form to notify DWQ completed. Native ri arian vegetation must be reestablished within the construction limits of the project by the end of the 17. P growing season following completion of construction. here shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this 18. T permit without appropriate modification. Should waste or borrow act from ~oad onstruction activities. compensatory mitigation will be required since that is a direct imp t the Permittee from complying with any and all statutes, rules, 19. The issuance of this certificatiobd oemps not exemp osed by other government agencies (i.e. local, state, and federal) having regulations, or ordinances that may 'urisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion an J sedimentation control requirements, etc. rrnittee shall report any violations of this certification to the Division of Water Quality within 24 hours of 20. The Pe discovery. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless 21. 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: 919-733-17861 FAX 919-733-689311ntemet: htt :llh2o.enr.state.nc.us/ncwetlands .. ,. ~.~_....,. ~,~~„~ Fmnlnver - 50°k Recycled110% Post Consumer Paper ,. , Michael F. Easley, Governor William G. Ross Jr., Secretary D~ ~ A~1~' North Carolina Department of Environment and Natural Resources Coleen Sullins, Director QC~ ~~ Division of Water Quality _~ P ~ --1 O : -- _ ~ invent control practices must be in full compliance with all specifications governing 22. Erosion and sed stallation and operation and maintenance of such Best Management Practices in the proper design, m order to protect surface waters standards: ro ect must be designed, installed, operated, and a. The erosion and sediment control measures for the p j accordance with the most recent version of the North Carolina Sediment and Ero uoe maintained m Control Planning and Design Manual. esi n installation, operation, and maintenu cements sped i dnn thedmostl~ecent version of the b. The d g ~ e ual, or exceed, the r q must be such that they q lina Sediment and Erosion Control Manua o,ects,eincluding ontractoirn-owned or leased p J North Caro ile soil construction sites, borrow sites, ro ectaste p ~ p erated, borrow pits associated with the p j crow it sites, the erosion and sediment c ecent version of the No ahs Carolinas Sulrface Mining c. For bo P and maintained in accordance with the most r 1 with the reclamation in accordance with Manual. lementation must comp y d. The reclamation measures and imp the requirements of the Sedimentation Pollution Control Act. roved by nd erosion control measures shall not be placed in wetlands or waters unless otherwise app 23. Sediment a ent of sediment and erosion control devices inowect~ands and waters is unavoidable, they this Certification. If placem letion of the p J shall be removed and the natural grade restored upon comp fill or clearing activities shall be restored to the acted by the placement of temporary 24. All riparian buffers imp u ose of this condition, contours and revegated. Maintained buffersrionlof onstructiontl For the ptrp v~nth non-woo y preconstruction owing season following comple are defined as areas within the transportati anin orridor that will be subject to regular D species by the end of the gr ed buffers shall be permanently revegetated, maintained buffer areas mowing The area with non mamt owing season following completion of construction. maintenance activities including with native woody species before the next gr laced in Zone 1 of any sediment and erosion contr~ eNCDWQ has approved no sediment and 25. pursuant to NCACI SA 2B .0233(6)the NCDWQ• At this time, here on this project. Moreover, Neuse Buffer without prior approval by roved project impacts, anyw erosion control devices in Zone 1, outside of the app erosion control devices shall be allowed in Wone 2 of the buffers provided that Zone 1 is no sediment and a is released as diffuse flo compromised and that discharg should be designed to mimic natural stye ro riate.sW d Wing the 26. If multiple pipes or barrels are required, they lain elevation and/or sills where app p icall ossible including pipes or barrels at flood p at the inlet or outlet end of structures typ Y closely asp is a uaric life stream channel should be avoided. Stream channel widening water velocity causing sediment deposition that requires increased maintenance and disrup q decreases passage. raded to its preconstruction im acted due to site dewatering activities, the site shall be g 27. For any streams at d with appropriate native species. contours and reveg ced in the active thalweg channel or placedo erle designeda zedna d installed.eclu es 28. Riprap should not be p1a boulders or structures should be pr p Y aquatic life passage. Bioengineering Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite-250, Raleigh, North Carolina 27604 P_hone:_919-733-17861 FAX 919-733-68931Internet: htt Ith2o.enrstate.nc.us/ncwetlands _ _ _ ~„o~ o~~PdHIl°lo Post Consumer ape Easley, Governor Michael F. William G. Ross Jr., Secretary orth Carolina Department of Environment and Natural Re Director ~ NJ A rE'~ N Coleen Sullins, CO ~G Division of Water Quality ~: p ~~ ~ © You must udicatory hearing. ou may ask for an adj etition that conforms send a written p 6714 Mail Service if ou do not accept any of the conditions of this certification, y y ou receive this letter. To ask for a hearing, unless you ask for a hearing. ct within 60 days of the date that y a Carolina General Statutes to thtlOnsrare finaland bindingHear 1 an Water Act. If you to Chapter 150B of the North N.C. 27699. This certification and its con ualit under Section 40l of the Center, Raleigh, sat 919) 733-9817. This letter completes tha e co t ~t Ro ceding of Water have any questions, ple Sincerely, Coleen Sullins, Director is General Certification and Certificate of Completion form) Attachmen I~ Chris l~,l~ay, Division 5 Environmental Officer Corps of Engineers, Raleigh Field Office cc: er, US Army Eric Alsmey NCDOT PDEA Deanna Riffey, ~`' File Copy Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North CaroIN ~ Carol na527604 .., ~,o,a~~,8931 Internet: htt :llh2o.enr.state.nc.uslncwetlands ~~~~ CrabUee Boulevard, Suite 250, Raleigh, ^^ ^_