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HomeMy WebLinkAbout20060367 Ver 2_Approval Letter_200704170~~~ ~ A T ~~QG } ~ ~~ ~;,,~ r April 17. 2007 Wake County DWQ Project No. 20060367v.2 SR 3015 TIP No. U-3344A MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Dr. Gregory Thorpe, Ph.D NCDOT Project Development & Environmental Analysis Branch 1598 Mail Service Center Raleigh, NC 27699-1598 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following additional impacts for the purpose of widening SR 3015 (Airport Blvd) in Wake County: New Neuse Ri arian Buffer Im acts 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 1 810 0 810 N/A 0 0 0 0 Total 810 0 810 0 0 0 0 0 * n/a =Total for Site is less than I/3 acre and 1501inear feet of impact, no mitigation required Total Additional Buffer Impact for Project: 810 square feet. The project shall be constructed in accordance with your application modification dated received April 11, 2007. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3404. 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. 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 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. N~~o e~~Cazolina Transportation Permitting Unit ~/Vl1~1lCQ~~Z,J 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://h2o.enr.state.nc.us/ncwetlands Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P.E. Director Division of Water Quality An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper WAT~ Michael F. Easley, Governor O~ ~ ~C~ QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ` Uj ~ Alan W. Klimek, P.E. Director ~ Division of Water Quality ~111F .. ,r © Y ~- 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. 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 crossing 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. 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.. N~o e~Carolina Transportation Permitting Unit ° "'tuCQ~~I/ 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•llh2o enr state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper ' Michael F. Easley, Governor William G. Ross Jr., Secretary rolina Depa~ment of Environment and NaturaP Ee Director OF W ATtrq North Ca Alan W • Klimek, Q Division of Water Quality O~ ~ va `- .~ ~-~ ~ p rr~~ In addition, the ction site at all times. ineer `gip' ~~ •~ osted on the constru intained with the Division Eng uality Certificau nt m d fications, if any, shall be ma 13. A copy of this W ater Q uality Certification and all subseq ction corridor appTOVed by this W ater Q ro ect rnanager. Impacts to and the on-site p J located within the cons and disturbing acrivlries. wetland or water bound Vryible fencing prior to any hi hly this certification. l4 The outside buffer, authorization shall be clearly marked by g the enclosed e fencing are prohibited unless otherwise authorized shall complete and return areas within th Division Engineer the 401 Certification has been letion of the project, the NCDOT etion Form to notify DWQ when all work included m 15. Upon comp ~~ ro ect by the end of the "Certification of Compl be reestablished within the construction limits of the p J s completed. arian vegetation must ction. 16. Native rip completion of constru in season following into, jurisdictional wetlandsWetlands or str amsa wrt t 1 grow g or waste disposa ction acrivities. modification. Should waste or borrow act f omooad constru I"1, There shall be ro riate ation from, overning permit without app p uired since that is a direct imp ecifications g compensatory rrutlgation will be req Nance with all sanagement Practices in sediment control practices must be in full comp • .. Sion and d o eration and maintenance of such Best 1vI and Ig, Ero n installation an p o erated, the proper desig , ned, installed, p ._, order to protect surface waters standards: asures for the protect must be desig control me 'on of the North Carolina Sediment and Erosion a. The erosion an accordance with the most recent versa nance of the sediment and erosion control measures maintained in Design Manual. a most recent version of th 1 o eration, and mamte ecified in th intained on a Control Planning an the requirements sp installation,e ual, or exceed, The devices shall be ma ed or leased b. The design, including contractor-own Sediment and Erosion Control Manual. must be such that they q e ale. (spoil) protects, erated, North Carolina borrow sites, and writ p ned, installed, op construction sites, ro ect. ace Mining the erosion and sediment control measures must be esig borrow pits associated with the p J cent version of the North Carolina Surf •th it sites, with the most re accordance ~'1 c, For bon t lased in accordance the reclamation in and ma ust comply `""~ Manual. lementation m The reclamation measures and ~p roved by d• ents of the Sedimentation Pollution Control Act' aters unless otherwise app the requirem wetlands or w avoidable, they laced in wetlands and waters is un invent and erosion control measures shall not be p ri diment and erosion controonevices in of the project. l9. Sed If lacement of on comple unless this Certificarion. d the natural grade restored up shall be removed an sheetflow thr°ugh stream buffers at nonerosive velocities, water runoff shall be directed as activities shall be restored to the 20, All stormroved by this certification. woody otherwise app orary fill or clearing revegetated with non- the lacement of temp nently u ose of this condition, arian buffers impacted by p ction. For the p rp , ular DOT 2], All rip ated. Maintained buff ,et onlobconstru or that X11 be subJect to reg etated, season following comp nently reveg preconstruction contours arowingg ortation comd species by the end of the g intained buffers shall be pec~ fer areas are defined as areaThe a eaMeth non-~ completion of constru maintained buf mowing TOwing season following NQ~ maintenance activity ec es before the next g r//VV with native woody p A ortation Permitting Unit TransP~^a carvice Center, Raleigh, North Carolina 27699-1650 . _ ...,, o~minn. North Carolina 27604„r Gtate,nc.uslnc O~ W A T~~ Michael F. Easley, Governor William G. Ross Jr., Secretary _~~ QG North Carolina Department of Environment and Natural Resources Uj ~ Alan W. Klimek, P.E. Director /~^, ~ Division of Water Quality Y ~~L', ~,., yc L. 22. Pursuant to NCACISA 2B .0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse 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. 23. If multiple pipes or barrels are required, they should be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 24. Riprap should 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. 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. inc rely, Alan W. Klimek, P.E?~ i~~`4 f Attachments (General Certification and Certificate of Completion form) cc: Chris Murray, Division 5 Environmental Officer Deanna Riffey, NCDOT PEDEA Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office DWQ Raleigh Regional Office copy File Copy No°e Cazolina Transportation Permitting Unit ~Q~uralllJ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 /Internet: http~//h2o enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper