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Home My WebLink About20121112 Ver 1_Approval Letter_20121213NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P E Governor Director December 13, 2012 Johnston County NCDWQ Project No 20121112 East Front Street Extension TIP /State Project No U -3605 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr Timothy Simpson, PE, Public Works Director Town of Clayton PO Box 879 Clayton, NC 27528 Dear Mr Simpson Dee Freeman Secretary You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of extending East Front Street in Johnston County Stream 1111113acts in the Neuse River Basin Site Permanent Fill in Perennial Stream (linear ft ) Total Stream Impact linear ft 1 146 146 Total 146 146 Total Stream Impact for Project 146 linear feet Wetland imnacts in the Neuse River Basin Site Permanent Fill ac Temporary Fill ac Total Wetland Impact ac 3 00009 0 00009 4 0 00016 00016 5 0 004 0 0 004 Total 00049 00016 00065 Total Wetland Impact for Protect 0 0065 acres Neuse Ri arian Buffer Impacts 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) m Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using (sq ft) (sq ft) (using 3 1 ratio) tM (sq ft) wetlands) 15 1 ratio) (sq ft 2 0 0 0 N /A 986 1 0 986 N/A Totals 0 0 0 07 986 0 986 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 986 square feet Transportation and Permitting Unit 1650 Mail Service Center Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919 -807 63001 FAX 919 -807 6492 Internet www rimaterguality orq An Equal Opportunity 1 Affirmative Acton Employer NorthCarollna Naturiallff The project shall be constructed in accordance with your application dated received December 10, 2012 After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3886 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 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 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) Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 213 0242(9) For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below Conditions of Certification I Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams, 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 havmg 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 NCDWQ If this condition is unable to be met due to bedrock or other limiting features encountered durmg construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required 2 Riprap shall 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 3 For all streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species 4 The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintammg the stream bank stability Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species 5 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification 6 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 NCDOT maintenance activities including mowing The area with non - maintamed buffers shall be permanently revegetated with native woody species before the next growing season following completion of construction 7 Pursuant to 15A NCAC 213 0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by NCDWQ At this time, 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 8 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 9 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 10 The dimension, pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodplams and streams shall be restored to natural geomorphic conditions 11 The use of rip -rap above the Normal High Water Mark shall be minimized Any rip -rap placed for stream stabilization shall be placed m stream channels in such a manner that it does not impede aquatic life passage 12 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 13 All work m 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 14 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 15 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 16 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification 17 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 18 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 NCDWQ determines that such standards or laws are not being met (mcluding 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, NCDWQ may reevaluate and modify this certification 19 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise authorized by this certification 20 A copy of this Water Quality Certification shall be maintained on the construction site at all times In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the on -site protect manager 21 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 22 The issuance of this certification does not exempt the Permittee 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 23 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 24 Upon completion of the project (including any impacts at associated borrow or waste sites), the permittee shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the 401 Certification has been completed 25 Native riparian vegetation (i e , trees and shrubs native to your geographic region) must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction 26 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 27 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 28 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing You may obtain the petition form from the office of Administrative hearings You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours The Office of Administrative Hearings accepts filings Monday through Friday 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 with the Office of Administrative Hearings The petition may be faxed - provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission The mailing address for the Office of Administrative Hearings is Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Telephone (919)- 431 -3000, Facsimile (919)- 431 -3100 A copy of the petition must also be served on DENR as follows Mr William Cary, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If you I have any questions, please contact Rob Ridings at 919 - 807 -6403 Sincerely, lCharles Wakild Director Cc Thomas Brown, US Army Corps of Engineers, Raleigh Field Office NCDWQ Raleigh Regional Office Bob Zarzecki, Soil & Environmental Consultants File Copy