20040090 Ver 1_Approval Letter_20040105

O~O~WAT~RpG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Uj P, Alan W. Klimek, P.E., Director
~ ~ Division of Water Quality
~ ,t. Coleen H. Sullins, Deputy Director
Division of Water Quality
February 5, 2004
Durham County
DWQ Project No. 040090
TII' Project No. U-4009
Relocation of Service Road (SR 1126) and additional turn lanes
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Gregory J. Thorpe, Ph.D., Manager
NCDOT Project Development & Environmental Analysis
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the attached conditions and those listed below, incur the
following impacts:
^ 0.08 acres of wetlands;
^ 45 linear feet of stream impacts to UT of Sandy Creek.
These impacts are necessary to relocate Service Road (SR 1126) near the intersection of US 15-501 and
Garrett Road (SR 1116). The project will also include the addition of a left turn lane from southbound
US 15-501 onto Garrett Road with an additional westbound receiving lane on Garrett Road in Durham
County. The project should be constructed in accordance with your application dated January 23, 2004.
After reviewing your application, we have decided that these impacts are covered by General Water
Quality Certification Nos. 3366 and 3404 corresponding to U.S. Army Corps of Engineers Nationwide
Permit Numbers 33 and 14. In addition, you should acquire and comply with any other federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and Erosion
Control, and Non-Discharge as well as the Water Supply Watershed regulations. This approval will
expire with the accompanying 404 permit unless otherwise specified in the Water Quality Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us, in writing, and send us 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 conditions. If total wetland fills for this project
(now or in the future) exceed one acre, or if stream impacts exceed 1501inear feet, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions
listed below.
Construction shall be performed so that no violations of state water quality standards, statutes, or
rules occur.
^ 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 water quality standards.
^ The erosion and sediment control measures for this project must equal or exceed the proper
design, installation, operation and maintenance outlined in the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual. These devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,

North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/

Dr. Gregory J. Thorpe
TIP Project No. U-4009
DWQ Project No. 04-0090
including contractor-owned or leased borrow pits associated with the projects included under
A-~ this Certification.
^~ For borrow pit sites, the erosion and sediment control measures must equal or exceed the
proper design, installation, operation and maintenance outlined in the most recent version of
the North Carolina Surface Mining Manual.
^ Any reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
2. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within 30 days after the
Division of Land Resources has released the project.
3. NCDOT and its contractors and/or agents shall not excavate, fill, or perform mechanized land
clearing at any time in the construction or maintenance of this project within waters and/or
wetlands, except as authorized by this Certification, or any modification to this Certification (e.g.,
no work shall occur outside of the footprint of the plans provided). In addition, there shall be no
excavation from or waste disposal into jurisdictional wetlands or waters associated with this
Certification without appropriate modification. If this occurs, compensatory mitigation will be
required since it is a direct impact from road construction activities.
4. Stormwater runoff shall bepre-treated by any best engineering practices appropriate to the site
topography. Removing or mowing of existing wooded stream buffers should be minimized in
order to allow them to provide diffuse stormwater flow, sediment removal and streambank
stabilization. `
5. Live or fresh concrete shall not come into contact with waters of the state until the concrete has
hardened.
6. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or
within 100 feet of surface waters is strictly prohibited.
7. The natural dimension, pattern and profile of the stream above and below the crossing should not
be modified by widening the stream channel or changing the depth of the stream.
Placement of culverts and other structures in waters, streams, and wetlands shall be placed below
the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be
shown to DWQ that providing passage would be impractical. 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 shall be maintained if requested in writing by DWQ.
9. Riprap shall not be placed in the stream bottom.
10. Riprap shall not interfere with aquatic life passage during low flow conditions.
11. Heavy equipment should be operated from the bank rather than in the stream channel unless
demonstrated by the applicant or its authorized agent to be unfeasible. All mechanized
equipment operated near surface waters should be inspected and maintained regularly to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic substances.
2

Dr. Gregory J. Thorpe
TIP Project No. U-4009
DWQ Project No. 04-0090
12. Riparian vegetation, using native trees and shrubs, must be re-established within the construction
limits of the project by the end of the growing season following completion of construction to
reestablish the riparian zone and to provide long-term erosion control.
13. Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the
§401 Certification has been completed. The responsible party shall complete the
attached form and return it to the 401/Wetlands Unit of the NC Division of Water
Quality upon completion of the project.
14. NCDOT 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 law 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
to include conditions appropriate to assure compliance with such standards and requirements in
accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWQ shall notify
NCDOT and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC
2H.0504. Any new or revised conditions shall be provided to NCDOT in writing, shall be
provided to the United States Army Corps of Engineers for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
NCDOT shall require its contractors (and/or agents) to comply with all of the conditions of this
Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification.
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. 27699-6714. 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 §401 of the Clean Water Act. If
you have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.5715.
Sin ly,
..... L
lan W. Klime , P. .
Attachment
Pc: Wilmington District Corps of Engineers
Eric Alsmeyer, USACE Raleigh Field Office
NCDWQ Raleigh Regional Office
Central Files
File Copy
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