HomeMy WebLinkAbout20130245 Ver 1_Approval Letter_20130312CDER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P E. John E Skvarla, III
Governor Director Secretary
March 12, 2013
Granville County
NCDWQ Project No. 20130245
SR 1148
State Project No. 5C.039049
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR - PAMLICO BUFFER AUTHORIZATION, with
ADDITIONAL CONDITIONS
Mr. J.W. Bowman, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC
Dear Mr. Bowman:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of paving SR 1148 in
Granville County:
Ctrs-am Imnnetc in the Tar - Pamlico River Basin
Site
Permanent Fill in v
Perennial Stream
(linear ft)
Riprap Stabilization to
Perennial Stream
linear ft
Temporary Dewatering
to Perennial Stream
linear ft)
Total Stream
Impact
(linear ft)
1
32
25
25 (Concurrent)
57
2050
N/A
Totals
2700
0
Total
32
25
25 (Concurrent)
57
Total Stream Impact for Project: 57 linear feet.
Tar_Pamlien Rinarinn Buffer Impacts
Site
Zone 1 Impact
s ft
Zone 1 Buffer Mitigation
Required (using 3:1 ratio)
=
Zone 2 Impact
s ft)
Zone 2 Buffer Mitigation Required
(using 1.5:1 ratio
1
2700
N/A
2050
N/A
Totals
2700
0
=
2050
0
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation requrrcu
Total Buffer Impact for Project: 4750 square feet.
The project shall be constructed in accordance with your application dated January 16, 2013. 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 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.
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.nmaterquality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Nawrally
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 2B.0260(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:
1. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by
this certification.
2. 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- maintained
buffers shall be permanently revegetated with native woody species before the next growing season following completion of
construction.
3. Pursuant to 15A NCAC 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Tar - Pamlico 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.
4. 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.
5. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and
revegetated with appropriate native species.
6. 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.
7. 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.
8. 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.
9. 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.
10. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit 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 minimize 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 NCDWQ 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,
NCDWQ may reevaluate and modify this certification.
17. 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 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.
J
19. 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.e. 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 sites), the NCDOT Division Engineer (or
whomever is the authorized agent if a non - NCDOT project) shall complete and return the enclosed "Certification of Completion Form"
to notify NCDWQ when all work included in the 401 Certification has been completed.
22. 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.
23. 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.
24. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification.
25. 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.
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. Lacy Presnell, 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 have any questions,
please contact Rob Ridings at 919 - 807 -6403.
Sincerely,
Charles Wakild
Director
cc: Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
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