20080842 Ver 1_Approval Letter_20080530

micnaei r. tasiey, uovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
May 30, 2008
Durham County
DWQ Project No. 20080842
SR 1469
State Project No. 5C.032060
APPROVAL of 401 WATER QUALITY CERTIFICATION 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 1469 in Durham County:
Stream Im acts in the Neuse River Basin
Site Permanent Fill in Intermittent Stream
linear ft Riprap Impact to Intermittent
Stream linear ft Total Stream Impact
linear ft
1 32 10 42
2 32 10 42
Total 64 20 84
Total Stream Impact for Project: 84 linear feet.
The project shall be constructed in accordance with your application dated received May 20, 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. 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 approval is valid solely for the purpose and design described in your application (unless modified below).
Should yom-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 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. For projects impacting waters classified by the NC Environmental Management Commission as High Quality
Waters (HQW), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means
appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams.
Mowing of existing vegetated buffers is strongly discouraged.
One
No
rthCarolina
ruCaay
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
ivaianaui r. rcaaicy, ----
\N AT-k William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Q Coleen Sullins, Director
Division of Water Quality Temporary 2. The pertruttee shall use Design Standards in Senebaceous [15AcoverNCAC
should be 1lanted(on all bare soil
permanent p
cover (wheat, millet, or similar annual grain) or
within 15 days of ground disturbing activities to provide long-term erosion control. Erosion control matting should
be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Steep slopes are
defined as those slopes graded at an angle which cannot retain vegetative cover. Matting shall be secured in place
with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in
riparian areas.
3. 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 evid upstream and down stream of the above structures. The Dapplica If is required ondition iprovidee to bee e that the
equilibrium is being maintained if requested in writing by li leathis cs m due to
se contact the NC DWQ for guidance on
bedrock or other limiting features encountered during construction, p
how to proceed and to determine whether or not a permit modification will be required.
4. 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.
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 Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
10. Alork 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.
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 gicaters from fuelselubr cants, hydraulic sfluidse or other t xic materialintained to prevent
contamination of stream
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. WVc" Carolina
tur17$
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http7//h2o.enr.state.nc.us/n etlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Michael F. Easiey, Bove)
William G. Ross Jr., Secretary
nF W A TF North Carolina Department of Environment and Natural Resources
Q
C•?•• Coleen Sullins, Director
G Division of Water Quality
_
Cl)
> -I tent with and its authorized agents shall conduct its activities in a manner cf ?hesClean Wat raAct) and
15. The permittee a from compliance with §303(d) of
standards (including any requirements resulting determines that such standards or laws are not
violated,
any other appropriate requirements of State and Federal law. If DW d
being met (including the failure to sustain a designated or achieved u y° eevaluate and modify this certification.
or that further conditions are necessary to assure compliance, DWQ
a all be maintained with the
this Water Quality Certification shall be maintained o ationsatif any, s1 al
16. A copy of
addition, the Water Quality Certification and all subsequent m
site project Engineer and the on-manager. roved by this
prior to any land disturbing activities. Impacts to
17. The outside buffer, wetland or water boundary uvasiblelfencing pt? the construction corridor app
authorization shall be clearly marked by highly
areas within the fencing are prohibited unless otherwise authorized by this certification.
ih any all statutes, rules,
18. The issuance of this certification does not exempt the Pennne from complying Y
other government agencies (i.e. local, state, and federal) having
regulations, or ordinances that may be imposed b applicable buffer rules, stormwater management rules, soil erosion and
jurisdiction, including but not limited to app
sedimentation control requirements, etc.
ttee shall report any violations of this certification to the Division of Water Quality within 24 hours of
19. The Perna
discovery.
20. Upon completion of the project (including any impacts at associated borrow or waste site), the NQCDO when
Division Engineer shall complete and return the enclose etede?fication of Completion Form' to notify
all work included in the 401 Certification has been comp our geographic region) must be reestablished within
following completion of construction.
21. e Native riparian vegetation (i.e., by trees the and end of shrubs the growing owing to your
th
he construction limits of the proojec associated with this
sites, be
22. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters
since access that roads is to a direct waste or or impact borrow from road
without appropriate modification. Should waste or borrow sites, or access
permit be re
located in wetlands or streams, compensatory mitigation
construction activities. governing
23. Erosion and sediment control practices must be in full compliance with all specifications g
the proper design, installation and operation and maintenance of such Best Management Practices in
order-to-protect surface waters standards: erated, and proj
ect
Sedimeent and Erosion
designed a. The erosion and sediment control most recenttvers on of he North Caro,lina install
maintained in accordance with th the 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
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project. erated, must c. For borrow pit sites, the erosion and sediment
recent ver ioeasures n of the Norbth Carol nay Surface Mining
and maintained in accordance with the most ree
Manual. lementation must comply with the reclamation in accordance with
d. The reclamation measures and imp
the requirements of the Sedimentation Pollution Control Act. Nose
oath
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 nc
Phone: Crabtree oule'61 FAX [phone]nternet. htt :!lh2o.enr.state
2321 .uslncwetlands 919-733-178 An Equal Opportunity/Affirmative Action Employer - 50%, Recycled/10% Post Consumer Paper
Michael F. Easley, vovenFu
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
24. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must that conforms
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petitiion 14 Mail Service
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,
Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a
contact Rob Ridings at Water Quality 981 der Section 401 of the Clean Water
hearing. This letter completes the review of e Division of
Act. If you have any questions, please (919) 733
Sincerely,
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
File Copy
None 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: [phone] FAX [phone] Internet: http://h2o enr state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper