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HomeMy WebLinkAbout20080844 Ver 1_Approval Letter_20080602OF W A rFj?j Michael F. Easley, Governor p ? Wil liam G. Ross Jr., Secretary t/3 rT- North Carolina Department of Environment and Natural Resources -? Coleen H. Sullins, Director Division of Water Quality June 2, 2008 Robeson County DWQ Project No. 080844 SR 2057, T.S. Humphrey Road State Project No. 6C.078084 APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS Mr. Greg Burns, P.E., Acting Division Engineer NCDOT, Division 6 P.O. Box 1150 Fayetteville, North Carolina 28302 Dear Mr. Burns: You have our approval, in accordance with the conditions listed below, for the following stream and wetland impacts for the purpose of implementing roadway improvements to SR 2057, T.S. Humphrey Road, in Robeson County. Wetland Impacts in the Lumber River Basin (non-riverine) Site Fill Fill Excavation Mechanized Hand Area under Total Wetland (ac) (temporary) (ac) Clearing (ac) Clearing Bridge Impact (ac) (ac) (ac) (ac) Permit 0.09 0.09 Site 1 Permit 0.02 0.02 Site 2 Permit 0.23 0.23 Site 3 TOTAL 0.34 0.34 Total Wetland Impact for Project: 0.34 acres Stream Impacts in the Lumber River Basin Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Fill Total Stream Stream in Intermittent Intermittent Perennial Stream in Perennial Impact Impacts Crossing Stream Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring # (linear ft) Mitigation (linear ft) Permit 34 Site 2 Replace existing 60" x 18 LF CMP with 72" x52 LF CMP Total 34 34 LF NorthCarolina Naturally North Carolina Division of Water Quality 225 Green Street- Suite 714 Fayetteville, NC 28301-5043 Phone (910) 433-3300 Customer Service Internet: ncwaterquality.org FAX (910) 486-0707 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Mr. Greg Burns, P.E. June 2, 2008 Page 2 Open Water Impacts in the Lumber River Basin Site Permanent Fill in Open Waters (ac) Temporary Fill in Open Waters (ac) Total Fill in Open Waters (ac) Permit site #2 0.016 0.016 Total 0.016 0.016 Total Open Water Impact for Project: 0.016 acres. The project shall be constructed in accordance with your application submitted May 12, 2008, 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 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 if 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 the following: Additional Conditions: 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. Three equalizer pipes are proposed in permit site #3. This condition applies to the center pipe only (24" RCP). The two other pipes (18" RCP) may be buried to match the existing grade. 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 crossings 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. Mr. Greg Burns, P.E. June 2, 2008 Page 3 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. 8. 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. 9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 11. The permittee 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. 12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 13. 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. 14. 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. 15. 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. 16. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 17. 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 streams, compensatory mitigation will be required since that is a direct impact from road construction activities. Mr. Greg Burns, P.E. June 2, 2008 Page 4 18. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion 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 all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or ]eased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina SurJace Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 19. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Ken Averitte at (910) 433-3303. Sincerely, Coleen H. Sullins Attachments (General Certification and Certificate of Completion form) cc: Wilmington US Army Corps District Office Jim. Rerko, Division 6 Environmental Officer Richard Spencer, US Army Corps of Engineers, Wilmington Field Office DLR. FRO Sonia Gregory, 401 Wetlands/DOT Unit Central Files FRO File Copy Robeson. SR2057.HumphreyRd.080844.401.doe