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HomeMy WebLinkAbout20060367 Ver 3_Approval Letter_20080304o~~F W Ar~RQ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen Sulllins, Director Division of Water Quality March 4, 2008 Wake County DWQ Project No. 20060367 v.3 SR 3015 TIP No. U-3344A CORRECTION of 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 1548 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 Im acts 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 2050 0 2860 N/A 1811 0 1811 N/A 2 9222 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~oQne~Carolina Transportation Permitting Unit d -'uturQ~~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 F W ATF Michael F. Easley, Governor R O ~~ QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources \ Vj ~ Coleen Sullins, Director ,~ ±r Division of Water Quality .~ 0 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 Pernut 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, as well as the incorrect buffer impacts issued January 10, 2008. 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 150 linear 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. 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. 1Voo,~thCarolina Transportation Permitting Unit atllCQlly 1650 Mail Service Center, Ralegh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-7338931 Internet: htto:!lh2o.enr.state.nc.uslncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper Michael F. Easley, Governor ~~F WAT~~ William G. Ross Jr., Secretary O QG North Carolina Department of Environment and Natural Resources .~ Coleen Sullins, Director ~ r Division of Water Quality :? -i p ~,~..,,,; i ~ ~t:>~-..~.-=~-- 8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 9. 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. 10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 12. The pernuttee 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. 13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification.. 14. 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. 15. 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. 16. 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. 17. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 18. 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 strearns, compensatory mitigation will be required since that is a direct impact from road construction activities. 19. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that maybe imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 21. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. No~° 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: 919-733-17861 FAX 919-733-6893 / Internet: http~/th2o enr state.nc.us/ncwetlands An Equal OpportuniiylAffirmativeRction Employer - 50°h Recycled110% Post Consumer Paper Michael F. Easley, Governor ~ w Ark William G. Ross Jr., Secretary ~Q 9~ North Carolina Department of Environment and NaturaLResources G Coleen Sullins, Director Q ~ ~, Division of Water Quality t D ~~R.r:x~v-r_..r _,.. ,.,.~.,- 22. Erosion and sediment control practice on and ma full compliance with all specifications governing intenance of such Best Management Practices in the proper design, installation and operate order to protect surface waters standards: The erosion and sediment control measures for the pon of he North Carole a Sedilment and Erosion a. maintained in accordance with the most recen vers Control Planning and Design Manual. b. The design, installation, operation, and ~e renuuements specafi d n the mostl~ecent version of the q must be such that they equal, or exceed, contractor-owned or leased North Carolina Sediment and Erosion Co i1 °ls o 1) projects,eincludingsha1l be maintained on a construction sites, borrow sites, and waste p ( p borrow pits associated with the project. erated, c. For borrow pit sites, the erosion and sedi most recent versioneof the Nordths Carolinas Sulrface Mining and maintained in accordance with the Manual. lementation must comply with the reclamation in accordance with d. The reclamation measures and imp the requirements of the Sedimentation Pollution Control Act. control measures shall not be placed in wetlands or wands and waters iswunavoidable they 23. Sediment and erosion this Certification. If placement of sadd mestored uponocompletion of the projecta shall be removed and the natural gr activities shall be restored to the 24. All riparian buffers impacted by the placement of temporary fill or clearing construction contours and revegated. Maintained buff letionlof construct onl For the purpo e of this conditioT, pre species by the end of the growing season following comp maintained buffer areas are defined as areas eia a the transportation corridor that will be subject to regu ar with non-maintained buffers shall be permanently revegetated, maintenance activities including mowing. Th coin letion of construction. season following P with native woody species before the next growing Pursuant to NCACISA 2B .0233(6), sediment and erosion control devices shahlanat bro ed no sedimen andny 25. royal b the NCDWQ• At this time, the NCDWQ pp Neuse Buffer without prior app y roved ro ect impacts, anywhere on this project. Moreover, erosion control devices in Zone 1, outside of the app p J sediment and erosion control devices shall be al effuse flo one 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as d i es or barrels are required, they should be designed to mimic natural stre ro riate. sW d sung the 26. If multiple p p i es or barrels at flood plain elevation and/or sills where app p icall closely as possible including p p at the. inlet or outlet end of structures typ y stream channel should be avoided. Stream channel widening creases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic li e de passage. acted due to site dewatering activties, the site shall be graded to its preconstniction 27. For any streams being imp ro riate natives ecies. P contours and revegetated with app p ra should not be placed in the acrive thalweg channel o ld beero e ly designedasiz d and installedrecludes 28• Rip p boulders or structures shou p p 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 Phone: 919-733-17861 FAX 919-733-689311nternet: htt :!/h2o.enr.state.nc.uslncwetlands An Equal OppottunitylAffirrnative Action Employer - 50% Recycled110% Post Consumer Paper ~OF W AT E9 (~ ~- Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must 6714 Mail Service act within 60 days of the date that you receive 1 Statutes t the Off e of Administrative Hearingsition that con orms to Chapter 150B of the North Carolina Gene Center, Raleigh, N.C. 27699. This certification and lateron uialoty under Section 4011of t e Clean Water ActhIf you This letter completes the review of the Division of W Q have any questions, please contact Rob Ridings at (919) 733-9817. Sincerely, Coleen Sullins, Director Attachments (General Certification and Certificate of Completion form) cc: Chris Murray, Division 5 Environmental Officer Deanna Riffey, NCDOT PDEA File Copy None Cazolina tura!!r~ 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 919-733-68931 Internet: htt :llh2o.enr.state.nc.uslncwetlands An.Equal OpportunitylAffirmative Action Employer- 50% Recycled110°k Post Consumer Paper 0~~~ W A T ~g~G ~ ~ ~ r D ??" ~' . ~~, ,,. DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality County: 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 maybe returned to DWQ by the applicant, the. applicant's authorized agent, or the project 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 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: 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 Partial Final Date: I , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the. construction of the project,for the Permiee 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 Date Registration No. N~one~'Carolina Transportation Permitting Unit ~QtllClt~~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~//h2o enr.state.nc.uslncwetlands An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper