HomeMy WebLinkAbout20081574 Ver 1_Approval Letter_20081020W A T QG
D - 'C
October 20, 2008
Halifax County
DWQ Project No 20081574
SR 1602
State Project No 4B 2042 1
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr RE Greene, P E , Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895-3165
Dear Mr Greene
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
improvements to SR 1602 in Halifax County
Ctream Imnarts in the Tar-Pamlico River Basin
Site Permanent Fill in Perennial
Stream linear ft Ri ra to Perennial Stream
linear ft Total Stream Impact
linear ft
1 5 80 85
Total 5 80 85
Total Stream Impact for Protect 85 linear feet
Tor-13amlirn Rtnarinn Rnffer Impacts
Site Zone 1 minus = Zone 1 Zone 1 Buffer
T7t?? minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation 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) 15 1 ratio)
s ft
1 600 0 600 N/A 0 0 0 N/A
Totals 600 0 600 0 0 0 0 0
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Protect. 600 square feet.
The project shall be constructed in accordance with your application dated received October 16, 2008 After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Numbers 3687 and 3689 This certification corresponds to the Nationwide Permits 3 and 13 issued by the Corps of
Engineers This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 213 0259) 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
NoiehCarohna
Transportation Permitting Unit Naturally
1650 Mad 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 htto //h2o enr state nc us/ncvvetlands
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 Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
?(?jf?r? Michael F Easley, Governor
\O?0 9QG William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
r Coleen Sullins, Director
Division of Water Quality
p DNC
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 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 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 Piprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage Bicengmeermg boulders or structures should be properly designed, sized and installed
3 For any streams being impacted due to site dewatenng activties, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species
4 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification
5 All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated Maintained buffers shall be permanently revegetated with non-woody
species by the end of the growing season following completion of construction For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT
maintenance activities including mowing The area with non-maintained buffers shall be permanently revegetated,
with native woody species before the next growing season following completion of construction
6 Pursuant to NCACISA 2B 0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Tar-Pamlico Buffer without prior approval by the NCDWQ At this time, the NCDWQ has approved no sediment
and 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 in Zone 2 of the buffers provided that Zone 1 is not
compromised and that discharge is released as diffuse flow
7 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
8 During the construction of the project, no stagmg of equipment of any kind is permitted in waters of the U S , or
protected riparian buffers
9 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
Nao hCarohna
Transportation Permitting Unit N On
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604
Phone 919-733 1786 / FAX 919-733-6893 / Internet http //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Acton Employer- 50% Recycled/10% Post Consumer Paper
Michael F Easley, Governor
O?OF W ATE9pG William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
cq Coleen Sullins, Director
Division of Water Quality
10 The Perrmttee shall ensure that the final design drawings adhere to the perrrut and to the permmt: drawings
submitted for approval
11 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
12 Heavy equipment shall be operated from the banks rather than in the stream channel in order to nummize
sedimentation and reduce the introduction of other pollutants into the stream
13 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
14 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification
15 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited ,
16 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 deterrnmes 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
17 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
18 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
19 The issuance of this certification does not exempt the Pemnttee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i a 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 Upon completion of the project (including any impacts at associated borrow or waste site), 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
22 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, or access roads to 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
Nqo thCarohna
Transportation Permitting Unit Naturally
1650 Mad 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 us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Michael F Easley, Governor
OF W ATF9 William G Ross Jr, Secretary
`) pG North Carolina Department of Environment and Natural Resources
Vj r Coleen Sullins, Director
j Division of Water Quality
23 Native nparian 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
24 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 leased
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 Surface Mining
Manual
d The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act
25 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
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 Rob Ridings at (919) 733-9817
Sincerely,
Iffl-7-1-
Coleen Sullins,
Director
Attachments (General Certification and Certificate of Completion form)
cc Chad Coggins, Division 4 Environmental Officer
William Wescott, US Army Corps of Engineers, Washington Field Office
Travis Wilson, NC Wildlife Resources Commission
File Copy
N?o thCarohna
Transportation Permitting Unit Naturally
1650 Mad 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 us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper