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HomeMy WebLinkAbout20080432 Ver 1_Approval Letter_20080319t o~~~ wAr~~~~ ~ P ti ,: . ---I r, ~ - March 19, 2008 Wake County DWQ Project No. 20080432 SR 2707 State Project No. SC.092085 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. J.W. Bowman, P.E., 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 paving SR 2707 in Wake County: Stream Impacts in the Neuse River Basin Site Temporary Dewatering Pipe Fill to Perennial Stream Fill Riprap Impact to Total Stream to Perennial Stream Perennial Stream due to Channel Moving Perennial Stream Impact linear ft linear ft linear ft linear ft linear ft 1 70 23 (Concurrent 42 Concurrent 46 (Concurrent) 70 Total 70 23 Concurrent 42 Concurrent 46 Concurrent 70 Total Stream Impact for Project: 701inear feet. 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 4112 0 4112 N/A 2427 0 2427 N/A Totals 4112 0 4112 0 2427 0 2427 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: 6,539 square feet. The project shall be constructed in accordance with your application dated received March 11, 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. N~one~Carolina Transportation Permitting Unit / -'u~uCQ~~lf 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-689311ntemet: http://h2o.enr.state.nc.uslncwetlands Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of.Environment and Natural Resources Coleen Sullins, Director Division of Water Quality An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper Michael F. Easley, Governor ~QF W Ar~R William G. Ross Jr., Secretary - QG North Carolina Department of Environment and Natural Resources ,~O "P Coleen Sullins, Director Uj r" Division of Water Quality -I '„yt. k~ ~{ -. ~~- ..:1 '-y ~. 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. 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. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 3. For any streams being impacted due to site dewatering activties, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. 4. The channel relocation will be constructed in a dry work area and stabilized before, stream flows are diverted. Channel relocations will be completed and stabilized, prior to diverting water into the new;channel. Vegetation used for bank stabilization shall be limited to native riparian species. A transitional phase incor]~orating coir fiber and seedling establishment is allowable. As stated in your application, riprap is allowed along the channel as necessary, to maintain the physical integrity of both the stream and road. 5. 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. 6. 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. 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. 9. The Pernuttee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 10. 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. Noe Carolina ~atura!!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 919-733-68931 Internet: http~l/h2o enr state nc.uslncwetlands An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper Michael F. Easley, Governor ' ~~ wATE,~ William G. Ross Jr., Secretary (~ North Carolina Department of Environment and Natural Resources Coleen Sullins, Director ~ Division of Water Quality 11. 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. 12. All mechanized equipment operated near surface wateaulicuflubdsr oruother toxpc cmater adlsmaintained to prevent contamination of stream waters from fuels, lubricants, hydr 13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 15. The permittee and its auanorir ed ~ ments result ng from comph an e with §3O3(d) oftthe C1eanSWater Act) and quality standards (including y q any other appropriate requireme to sus ainta dedsignat dloraachievned uQse) or that Stateaor federal awns being v olated, being met (including the failur reevaluate and modify this certification. or that further conditions are necessary to assure compliance, DWQ may 16. 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. 17. The outside buffer, wetland o ed berhi hl dvisible fencinghprior to anyand disturbing a ctiv~iesa Impacts to authorization shall be clearly mark y g y areas within the fencing are prohibited unless otherwise authorized by this certification. 18. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may det ~° li able buffegrulesrn stormwater managemen~t~niles,asoal erosion andng jurisdiction, including but not hrmte pp sedimentation control requirements, etc. 19. The Pertnittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. - 20. Upon completion of the project (includinhe enc os dt Certification of Compl t on Form')to notify DWQ when Division Engineer shall complete and return all work included in the 401 Certification has been completed. ~' 21. Native riparian vegetation (i.e., 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. _ 22. There shall be no excavation from, or waste disposal into, j w sdtes °o aaccess roadsrto waste or borrow sites ble pemut without appropriate modification. Should waste or borro , located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road ~~ s construction activities. . _ 21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 22. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. None Carolina ~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 919-733-689311ntemet: htt :/th2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper ~oF ~Ar~~ a °~ ~ ~ ~ ,~- - - .~ 4 -t.Y7 ry !. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality 23. Erosion and sediment control practi~ o and maintenance oplsuch Be t MlanagementtPrac gcoeseiln ng the proper design, installation and opera f waters standards: order to protect sur ace g erated, and a. The erosion and sediment control e most recent vherson of the North Carolina1Sedimeentavd Erosion maintained in accordance with th 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 a to ile s oil) projects, including contractor-owned or leased construction sites, borrow sites, and was p ( p borrow pits associated with the project. erated, c. For borrow pit sites, the erosion and he most re ent~ ersion of the Norbth Carona Surface Mining and maintained in accordance with t Manual. p with the reclamation in accordance with d. Therecuirr~ n s of the Sedimentat on Pollution Control Act. the q 24. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the ose of this condition, preconstruction contours and revegetated. Ma Winn comuf letion of construct onn For the pure d with non-woo y species by the end of the growing season follo g p maintained buffer areas are defined as areas within the trann ~~~ ~ d buffers shall be permanently revlegentaOted, maintenance activities including mowing. The area with letion of construction. with native woody species before the next growing season following comp ursuant to NCACI SA 2B.0233(6), sediment and erosion control devices shall not b roved no sediment and y 25. P At this time, the NCDWQ h;rs app Neuse Buffer without prior approval by the NCDWQ~ 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 ~ Wove 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffus ask for an ad'udicatory hearing. You must p y ou may ~ If you do not acce tan of the conditions of this certification, y send a written petition that conforms 6714 Mail Service act within 60 days of the date that you receive this letter. To ask for a hearing, less ou ask for a to Chapter 150B of the North Caros ert ~caton and its co d hCOns are finalbindingHearingy, Center, Raleigh, N.C. 27699. Tlu hearing. This letter completes the review of th Rob Ridings at (919733 98 der Section 401 of the Clean ater Act. If you have any questions, please contact S' ely, Coleen Sullins, Director 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 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 :Ith2o.enr.state.nc.uslncwetlands An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper