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Home My WebLink About20110774 Ver 1_Approval Letter_20111130 % *� �� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Pertlue Coleen H Sullins Dee Freeman Governor Director Secretary November 30 2011 Johnston County NCDWQ Pro�ect No 20110774 NC 42 TIP No R 3825 A APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, w�th ADDITIONAL CONDITIONS Dr Gregory J Thorpe Manager NCDOT Pro�ect Development&Env�ronmental Analysis 1598 Mail Service Center Raleigh NC 27699 Dear Dr Thorpe You have our approval in accordance wrth the condrtions listed below for the following impacts for the purpose of widenmg NC Highway 42 m Johnston County Stream Im acts m the Neuse River Basin S�te Permanent Fdl m Interm�ttent Stream Temporary Impact to Interm�ttent Total Stream Impact hnear ft Stream lmear ft Imear ft 1 80 13 93 2 94 0 94 Total 174 13 187 Total Stream Impact for Pro�ect 187 Imear feet Wetland Im acts�n the Neuse R�ver Bas�n S�te Permanent F�ll ac Excavation ac Mechan�zed Clearin ac Hand Clearin ac) Total Wetland Im act ac 2 038 0 002 007 047 3 002 003 004 0 009 Total 0 40 0 03 0 06 0 07 0 56 Total Wetland Impact for Pro�ect 0 56 acres TransporfaUon Permitting Urnt One 1650 Mail Service Center Raleigh NoRh Carolina 27699 1650 NorthCarolina Location 512 N Salisbury Street Raleigh North Carolina 27604 �� Phone 919�07 63001 FAX 919�07 6494 Internet http I/portal ncdenr orglweblwq An Equal Opportunity 1 Affirmative AcUon Employer Neuse R► ar�an Buffer Im acts S�te Zone 1 minus =Zone 1 Zone 1 Buffer �, Zone 2 mtnus =Zone 2 Zone 2 Buffer Impact Wetlands Buffers(not Mit�gat�on Impact Wetlands Buffers M►t�gat�on (sq ft) m Zone 1 wetlands) Requ�red (sq ft) in Zone 2 (not Requ�red(usmg (sq ft) (sq ft) (using 3 1 ratio) , (sq ft) wetlands) 1 5 1 rat�o) s ft 1 4833 0 4833 N/A ,{, � 2565 0 2565 N/A 2 4510 0 4510 N/A ,�� 2510 0 2510 N/A 3 716 0 716 N/A �� 375 0 375 N/A � � Totals 10059 0 10059 0 r� 5450 0 5450 0 *n/a=Total for Srte is less than 1/3 acre and 1501mear feet of impact no mrtigation required Total Buffer Impact for Pro�ect 15,509 square feet The pro�ect shall be constructed m accordance wrth your apphcarion dated recerved August 19 2011 and revision received November 17 2011 After reviewmg your apphcarion we have decided that these impacts are covered by General Water Quahty Certification Number 3820 This certification corresponds to the Nationwide Permrt 14 issued by the Corps of Engmeers This approval is also valid for the Neuse Riparian Buffer Rules(15A NCAC 2B 0233) In addition you should acqu�re any other federal state or local permrts before you proceed with your pro�ect mcluduig(but not hmited to) Sedunent and Erosion Control Non Discharge and Water Supply Watershed regulations This approval will exp�re with the accompanymg 404 permrt This approval is valid solely for the purpose and design descrtbed m your application(unless modified below) Should your pro�ect change you must notify the NCDWQ 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 complymg wrth all the condrtions If total wetland fills for this pro�ect(now or m the future)exceed one acre or of total � impacts to streams(now or 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 requu-e compensatory mitigation as described ui 15A NCAC 2B 0242(9) For this approval to remam valid you must adhere to the condrtions listed m the attached certification and any addrtional condrtions listed below Cond�tions of Certification 1 Unless otherwise approved m this certification placement of culverts and other structures m open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts wrth a diameter greater than 48 inches and 20 percent of the culvert diameter for culverts havmg a diameter less than 48 mches to allow low flow passage of water and aquatic life Design and placement of culverts and other structures mcluding temporary erosion control measures shall not be conducted m a manner that may result m dis equilibrium of wetlands or streambeds or banks ad�acent to or upstream and down stream of the above structures The applicant is requu�ed to provide evidence that the equilibrium is beu�►g mamtamed if requested m wrrtmg by NCDWQ If this condition is unable to be met due to bedrock or other lunitmg features encountered durmg construction please contact NCDWQ for guidance on how to proceed and to determme whether or not a permrt modification will be requ�red 2 Riprap shall not be placed►n the active thalweg channel or placed ui the streambed m a manner that precludes � aquatic life passage Bioengmeerulg boulders or structures should be properly designed sized and mstalled 3 For all streams bemg impacted due to srte dewatermg activrties the site shall be graded to rts preconstruction contours and revegetated with appropriate native species f 4 All stormwater runoff shall be d�rected as sheetflow through stream buffers at nonerosive velocities unless � otherwise approved by this certification 5 All ripanan buffers impacted by the placement of temporary fill or clearmg activrties shall be restored to the preconstruction contours and revegetated Mamtamed buffers shall be permanently revegetated with non woody species by the end of the gowmg season followmg completion of construction For the purpose of this condition mamtamed buffer areas are defined as areas withm the transportation corridor that will be sub�ect to regular NCDOT mamtenance actrvities mcludmg mowmg The area with non mamtauied buffers shall be permanently revegetated with native woody species before the next growmg season followmg completion of construction 6 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 ui 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 durmg construction a dry work area shall be mamtamed to prevent du-ect contact between curmg concrete and stream water Water that uiadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic hfe and fish kills 8 Durmg 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 9 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 conditions 10 The use of rip rap above the Normal High Water Mark shall be mmimized Any rip rap placed for stream stabilization shall be placed ui stream channels m such a manner that it does not impede aquahc hfe passage 11 The Permittee shall ensure that the final design drawmgs adhere to the permit and to the permit drawmgs submitted for approval 12 All work m or ad�acent to stream waters shall be conducted ui a dry work area Approved BMP measures from the most current version of NCDOT Construction and Mamtenance Activities manual such as sandbags rock berms cofferdams and other diversion structures shall be used to prevent excavation m flowmg water 13 Heavy equipment shall be operated from the banks rather than m the stream channel in order to mmimize sedunentation and reduce the mtroduction of other pollutants mto the stream 14 All mechamzed equipment operated near surface waters must be regularly mspected and mamtamed to prevent contammation of stream waters from fuels lubricants hydrauhc fluids or other toxic materials 15 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 16 Dischargmg hydroseed mixtures and washmg out hydroseeders and other equipment ui or ad�acent to surface waters is prohibited 17 The permittee and its authorized agents shall conduct rts activrties m a manner consistent with State water quality standards(mcludmg any requirements resultmg from comphance wrth§303(d)of the Clean Water Act)and any other appropriate requ�rements of State and Federal law If NCDWQ determmes that such standards or laws are not bemg met(u►cludmg the failure to sustam a designated or achieved use)or that State or federal law is bemg violated or that further condrtions are necessary to assure comphance NCDWQ may reevaluate and modify this certification 18 All fill slopes located ul�urisd�ctional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 19 A copy of this Water Quality Certification shall be maultamed on the construction srte at all tunes In addition the � Water Quality Certificat�on and all subsequent modifications if any shall be mamtamed with the Div�sion Engmeer and the on site pro�ect manager ' 20 The outside buffer wetland or water boundary located withm the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbuig activrties Impacts to areas � withm the fencmg are prohibrted unless otherwise authorized by this certification i � 21 The issuance of this certification does not exempt the Permittee from complyuig wrth any and all statutes rules C regulations or ordmances that may be imposed by other government agencies(i e local state and federal)havmg �urisdiction mcludmg but not hmrted to applicable buffer rules stormwater management rules soil erosion and sedimentation control requ�rements etc 22 The Permittee shall report any violations of this certification to the Division of Water Quality withm 24 hours of discovery 23 Upon complehon of the pro�ect(mcludmg any impacts at associated borrow or waste sites) the NCDOT Drvision Engmeer shall complete and return the enclosed Certification of Completion Form to notify NCDWQ when all work ulcluded m the 401 Certification has been completed 24 Native r�parian vegetation(i e trees and shrubs native to your geograph�c region)must be reestablished m the riparian areas with�n the construction limits of the pro�ect by the end of the growmg season followmg completion of construction , � 25 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 srtes or access roads to waste or borrow sites be located in wetlands or streams compensatory mitigation will be requu�ed smce that is a d�rect impact from road construction activiries 26 Erosion and sediment control practices must be m full comphance with all specifications 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 mstalled operated and mamtamed m accordance with the most recent version of the North Carolma Sediment and Erosion Control Planneng and Design Manual b The design mstallation operation and mamtenance of the sediment and erosion control measures must be such that they equal or exceed the requu-ements specified m the most recent version of the North Carolina Sediment and Erosron Control Manual The devices shall be mau�►tamed on all construction srtes borrow sites and waste pile (spoil) pro�ects uicludmg contractor owned or leased borrow pits associated with the pro�ect c For borrow pit sites the erosion and sediment control measures must be designed mstalled operated and mamtauied ui accordance with the most recent version of the North Carolena Surface Mining Manual d The reclamation measures and unplementation must comply with the reclamation m accordance with the requ�rements of the Sedimentation Pollution Control Act 27 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 m the attached Certificarion you must file a petition for an admmistrative hearmg You may obtam the petition form from the office of Admu�►istrative hearmgs You must file the petrtion with the office of Admmistrative Hearmgs withm sixty(60)days of receipt of this notice A petition is considered filed when it is received m the o�ce of Admmistrative Hearmgs durmg normal office hours The Office of Admmistrative Hearmgs accepts filmgs Monday through Fnday between the hours of 8 OOam and 5 OOpm except � for official state holidays The original and one(1)copy of the petition must be filed wrth the O�ce of Admmistrative Hearmgs The petrtion may be faxed provided the origmal and one copy of the document is received by the Office of Admm�strative Hearmgs withm five(5)busmess days following the faxed transmission The mailmg address for the Office of Admmistrative Hearmgs is � Office of Admmistrative Hearuigs ' 6714 Mail Service 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 Env�ronment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 s � 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 Ridmgs at 919 807 6403 Smc�ly v l��/hS�j� �� ( v = � � Coleen H Sulhns D�rector i Cc Chad Coggms Division 4 Envu-onmental Officer Tom Steffens US Army Corps of Engmeers Washmgton Field O�ce Travis Wilson NC Wildhfe Resources Commission Chris Manley NCDOT Natural Env�ronment Unrt File Copy 4 f � �