HomeMy WebLinkAbout20080432 Ver 1_Approval Letter_20080319t
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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
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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
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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