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Home My WebLink About20090876 Ver 2_Approval Letter_20111129 � �� North Carolina Department of Environment and Natural Resources Division of Water Quality Beveriy Eaves Perdue Coleen H Suliins Dee Freeman Governor Director Secretary November 29 2011 Wake County DWQ Pro�ect No 20090876 ver 2 Wade Ave at I 440 TIP No R 4436/RSP 1 , MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,with ADDITIONAL CONDITIONS Mr J W Bowman P E Division Enguieer NCDOT Division 5 2612 North Duke Street Durham NC 27704 Dear Mr Bowman You have our approval m accordance wrth the condrtions listed below far the followmg revised unpacts for the purpose of repa�rs on the fill slope of Wade Avenue m Wake County Rev�sed Stream Im acts m the Neuse Rrver Basm Site Permanent Fill m Perenn�al Stream Streambank Stabil►zation to Perenmal Total Stream Impact Imear ft) Stream Imear ft I�near ft 1 30 0 30 2 A 0 231 231 2 B 0 102 102 3 51 p 51 Total 81 333 414 Total Stream Impact for Pro�ect 4141mear feet � Rev►sed Neuse Ri ar�an Buffer Im acts S►te Zone 1 m�nus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 Zone 2 Buffer Impact Wetlands Buffers(not M�t►gation Impact Wetlands Buffers M�tigation (sq ft) m Zone� wetlands) Requ�red (sq ft) m Zone 2 (not Requ�red(usmg (sq ft) (sq ft) (usmg 3 1 rat�o) (sq ft) wetlands) 1 5 1 ratio) s ft 1 4142 0 4142 N/A � 1496 0 1496 N/A 2 13488 0 13488 N/A � 1903 0 1903 N/A 3 3437 0 3437 N/A � 1658 0 1658 N/A � Totals 21067 0 21067 0 � 5057 0 5057 0 *n/a=Impact type is Allowable No mrtigation requ�red Total Buffer Impact for Pro�ect 26,124 square feet TransportaUon Permitting Unit One 1650 Mail Service Center Raleigh North Carolina 27699 1650 IVorthCarolina LocaUon 512 N Salisbury Street Raleigh North Carolina 27604 ��'��r+�'`!�,/ Phone 919-807 63001 FAX 919-807 6494 i/ Intemet http llportai ncdenr orglweblwq An Equal Opporturnty 1 A�rmative Action Empioyer ! J IThe pro�ect shall be constructed m accordance with your application dated received November 23 2011 After reviewmg your application we have decided that these impacts are covered by General Water Quahty Certification Numbers 3687 and 3789 This certification corresponds to the Narionwide Permrts 3 and 13 issued by the Corps of Engmeers This approval is also vahd for the Neuse Riparian Buffer Rules(15A NCAC 2B 0233) In addrtion you should acqu�re any other federal state or local permrts before you proceed with your pro�ect mcludmg(but not limited to)Sediment and Erosion Control Non Discharge and Water Supply Watershed regulations This approval will exp�re with the accompanymg 404 permrt Th�s cert►fication replaces the first version �ssued on August 14,2009 This approval is valid solely for the purpose and design described m your application(unless modified below) Should your pro�ect change you must notify the NCDWQ and submrt a new application If the properiy 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 pro�ect(now or m the future)exceed one acre or of total impacts to streams(now ar m the future)exceed 150 lmear feet compensatory mitigation may be requu�ed as described m 15A NCAC 2H 0506(h)(6)and(7) Addrtional buffer impacts may requ�re compensatory mrtigation as described m 15A NCAC 2B 0242(9) For this approval to remam vahd you must adhere to the condirions listed m the attached certification(s)and any additional condit�ons listed below Condrt�ons of Cert�fication 1 All riparian buffers impacted by the placement of temporary fill or clearuig activities shall be restored to the preconstruction contours and revegetated Mamtamed buffers shall be permanently revegetated with non woody species by the end of the growmg season followmg completion of construction For the purpose of this condition mamtamed buffer areas are defined as areas wrthm the transportation corridor that will be sub�ect to regular NCDOT mamtenance activrties mcludmg mowmg The area with non mamtauied buffers shall be permanently revegetated wrth native woody species before the next growmg season followmg completion of construction 2 Pursuant to 15A NCAC 2B 0233(6) sedunent and erosion control devices shall not be placed m Zone 1 of any Neuse Buffer without prior approval by NCDWQ At this time NCDWQ has approved no sediment and erosion control devices m Zone 1 outside of the approved pro�ect unpacts anywhere on this pro�ect Moreover sedunent and erosion control devices shall be allowed m Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow 3 For any streams bemg impacted due to srte dewatermg activrties the srte shall be graded to rts preconstruction contours and revegetated wrth appropriate native species 4 If concrete is used durmg construction a dry work area shall be mamtamed to prevent d�rect contact between curmg concrete and stream water Water that u�advertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills - 5 Durtng the construction of the pro�ect no stagmg of equipment of any kmd is permitted m waters of the U S or protected riparian buffers 6 The dunension pattern and profile of the stream above and below the crossmg shall not be modified Disturbed floodplams and streams shall be restored to natural geomorphic condrtions 7 The Permittee shall ensure that the final design drawmgs adhere to the permrt and to the permit drawmgs submitted for approval 8 All work m or ad�acent to stream waters shall be conducted m a dry work area Approved BMP measures from the most current version of NCDOT Construction and Mamtenance Activrties manual such as sandbags rock berms cofferdams and other diversion structures shall be used to prevent excavation m flowmg water 9 Heavy equipment shall be operated from the banks rather than m the stream channel m order to mmimize sedimentation and reduce the mtroduction of other pollutants mto the stream 10 All mechamzed equipment operated near surface waters must be regularly mspected and mamtamed to prevent contammation of stream waters from fuels lubncants hydraulic fluids or other toxic materials i� � 11 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 12 Dischargmg hydroseed mixtures and washmg out hydroseeders and other equipment ul or ad�acent to surface waters is prohibited 13 The permittee and rts authorized agents shall conduct its activities ui a manner consistent wrth State water quahty standards(u►cludmg any requu-ements resultmg from compliance with§303(d)of the Clean Water Act)and any other appropriate requu-ements of State and Federal law If NCDWQ determmes that such standards or laws are not bemg met(mcludmg the failure to sustam a designated or ach�eved use)or that State or federal law is bemg violated or that further conditions are necessary to assure compliance NCDWQ may reevaluate and modify this certification 14 A copy of this Water Quality Certification shall be mamtamed on the construction srte at all times In addition the Water Quality Certification and all subsequent modifications if any shall be mamtamed with the Division Enguieer and the on site pro�ect manager 15 The outside buffer wetland or water boundary located wrthm the construction corridor approved by this authorization shall be clearly marked by highly visible fencmg prior to any land disturbmg activrties Impacts to areas wrthm the fencmg are prohibited unless otherwise authorized by this certification 16 The issuance of this certificarion does not exempt the Permittee from complymg with any and all statutes rules regulations or orduiances that may be imposed by other government agencies(i e local state and federal)havmg �urisdiction mcludmg but not limited to applicable buffer rules stormwater management rules soil erosion and sedimentation control requu-ements etc 17 The Permittee shall report any violations of this certification to the Division of Water Quality wrthm 24 hours of discovery 18 Upon complehon of the pro�ect(includmg any impacts at associated borrow or waste sites) the NCDOT Division Engmeer shall complete and return the enclosed Certification of Completion Form to notify NCDWQ when all work mcluded m the 401 Certification has been completed 19 Native riparian vegetation(i e trees and shrubs native to your geographic region)must be reestablished m the nparian areas withm the construchon limrts of the pro�ect by the end of the growmg season followmg completion of construction 20 There shall be no excavation from or waste disposal mto �urisdictional wetlands or waters associated with this permit wrthout appropriate modification Should waste or borrow sites or access roads to waste or borrow sites be located m wetlands or streams compensatory mrtigation will be requ�red smce that is a d�rect impact from road construction activrties 21 Erosion and sediment control practices must be m full comphance with all specificat�ons governmg the proper design mstallation and operation and mamtenance of such Best Management Practices m order to protect surface waters standards a The erosion and sediment control measures for the pro�ect must be designed ulstalled operated and mamtamed m accordance w�th the most recent version of the North Carolina Sedzment and Erosion Control Planntng and Destgn Manual b The design mstallation operation and mamtenance of the sediment and erosion control measures must be such that they equal or exceed the requ�rements specified m the most recent version of the North Carol�na Sediment and Erosion Control Manual The devices shall be mamtamed on all consri-uction sites borrow sites and waste pile (spoil) pro�ects mcludmg contractor owned or leased borrow pits associated with the pro�ect c For borrow pit sites the erosion and sedunent control measures must be designed mstalled operated and mamtamed m accordance wrth the most recent version of the North Carolina Surface Mining Manual d The reclamarion measures and unplementation must comply wrth the reclamation ui accordance wrth the requ�rements of the Sedimentation Pollut�on Control Act 22 Sedunent and erosion control measures shall not be placed m wetlands or waters unless otherwise approved by this Certification If you wish to contest any statement ui the attached Certification you must file a petition for an admmistrative hearu�►g You may obtam the petition form from the office of Admmistrative hearmgs You must file the petirion wrth the office of Admmistrarive Hearu►gs withm sixty(60)days of receipt of this notice A petrtion is considered filed when it is received m the office of Admmistrative Hearmgs durmg normal office hours The Office of Admmistrative Hearmgs accepts filmgs Monday through Friday between the hours of 8 OOam and 5 OOpm except for official state hohdays The ongmal and one(1)copy of the petihon must be filed with the Office of Admmistrahve Hearmgs � The petition may be faxed provided the origmal and one copy of the document is received by the Office of Admmistrative Hearmgs withm five(5)busmess days followmg the faxed transmission The mailmg address for the Office of Admmistrative Hearmgs is Office of Admuiistrat�ve Hearuigs 6714 Mail Sernce Center Raleigh NC 27699 6714 Telephone (919) 733 2698 Facsimile (919) 733 3478 A copy of the petition must also be served on DENR as follows Ms Mary Penny Thompson General Counsel Department of Envu-onment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 This letter completes the revi8w of the Division of Water Quahty under Section 401 of the Clean Water Act If you have any questions please contact Rob Ridmgs at 919 807 6403 Smcerely � �(�1 Coleen H Sulhns d D�rector Cc Chris Murray Division 5 Environmental O�cer Eric Alsmeyer US Army Corps of Enguleers Raleigh Field Office File Copy