20040090 Ver 3_Approval Letter_20070619

O~o~ W A T ~~QG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
June 19, 2007
Durham County
DWQ Project No. 20040090 v.3
SR 1126 at US 15/501
TIP No. U-4009
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Gregory J. Thorpe, Ph.D., Director
NCDOT,PDEA
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Mr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
relocating SR 1126 in Durham County:
Stream Im acts. in the Ca a Fear River. Basin
Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream
Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts
Stream (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Requiring
Mitigation
linear ft
2 45 0 0 0 45 0
Total 45 0 0 0 45 0
Total Stream Impact for Project: 451inear feet.
Wetland Impacts. in the Cape Fear River Basin
Site Fill
(ac) Fill
(temporary)
ac Excavation
(ac) Mechanized
Clearing (ac) Hand Clearing.
(ac) Area under
Bridge
ac Total Wetland
Impact (ac)
1 0.009 0 0 0.01 0 0 0.019
2 0.056 0 0 0 0 0 0.056
Total 0.065 0 0 0.01 0 0 0.075
Total Wetland Impact for Project:. 0.075 acres.
The project shall be constructed in accordance with your application dated January 23, 2004 and your permit
renewal request letter dated June 12, 2007. After reviewing your application, we have decided that these impacts
are covered by General Water Quality Certification Numbers 3627 and 3634. This certification corresponds to the
Nationwide Permit 14 and Nationwide Permit 33 issued by the Corps of Engineers. 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.
N~ Caro~j,'~a
Transportation Permitting Unit ~''~~llra«y
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, Nortfr Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
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` - ~ p/lichael F. Easley, Govern
William G• Ross Jr., Secretary
Natural Resources
a~rnent of Environment and Sullins Director
~ W ATFq North Carolina Dep Coleen ater (luality
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p unless modifiedbelow)•
our application ( ro erry is sold, the
n described in Y lication• If the P p 1 ing
for the pure°Se and desig and submit a new apP ereby responsible for comp Y
the DwQ andsexceed or of total
This approval is valid solely ou must notify royal letter, one acre, aired as
our project change y of this Certification and p(now or in the fu ~ngation may be req
Should y iven a copy s roj cOnlpensatory ere to the
new owner must be g royal to remain valid, you must adh
'hall the conditions. If total wetlanu e)ielxceed~ 0 linear feet,
wst now or in the fist 6 and (7). For thss apP
unpacts to stt15A NCAC 2H .0506 (h) O• ore listed below.
described in the attached certificarion as well as th
conditions listed in the elevation of
and wetlands shall be placed below e culvert
Conditions of Certification: streams, 48 inches, and 20 percent of ~ uatic life.
es in waters, eater than assage of water and aq
and other strut with a diameter gr
l • placement of culverts 48 inches, to allow 1°~"~ flow p • acent to or
ed by one foot for all cu titer less than temp°Tan' eTpS1On °ontrol me ad'~ues shall no
the streamb having a diam ctures including t the
diameter fox culverts of wetlands or streambe oxide evidence tha t due to
and p result in dis-equilibrium aired to P able to be m
Design lacement of culverts and others The applicant is req idance on
a manner that may ctures. b DwQ If this condition is ~ C DwQ for gii
conducted in stteam of the above stru Ming Y
' and down nested in coon, please contact the
upstream intained if req constru vJill be required.
'; equilibrium is being sria features encountered during t modification
!y e whether or not a perms al stream cross section as closely
_ bedrock O1 other linvtmg ed to minvc natur Widening the stream
how to P?'oceed and to determin should be design ropriate.
_ tits axe required, fey elevation ands°r sills where app eS ,typically decreases
i es or barn is aquatic life passage•
If multiple p P . dening at the inlet or outlet end of structur
2' e including pipes °T barrel charm ~ ain intenance and disrup
- as posssbl Stream uires increased ma per that precludes
channel should be avosdea~erit deposstson that req the streambed in a rna d stalled.
causing el or placed in designed, sszed an
water velocity rO erly
not be placed in the acts dermas olr structiirne should be p P Teconstrucnon
ra should aded to its P
--- 3 • tic p e passage. Bioengineering bout acrivties, the site shall be gr
- aqua site dewatering
being impacted due to five species.
4• For any streams d with appropriate na revent dsrect contact be ed to
- etate intained to p
contours and reveg a ~, work area should bs ~ axed concrete should not be discharg
constnichon, dvertently coma lls.
water. Water that Hand possible aquanO life and fish ki U S ~ or
5 • If concrete is used during ss ermitted ~ waters of the
cur~g concrete and streamotential for elevated p kind P
surface waters due to the P roject, no staging °f equipment of airy
the constructson of the P
_ 6• Durnig buffers. elow the crossing shO~d not be modified.
protected ripanan above and b hit conditions.
astern and profile of the stream al eom°rp measures from
- ~ 'Ihe dimension, p should be restored to natur g roved BMP s rock berms,
bed floodplains and streams work area. APP
Distur ctivities manual such as sandbag ,
waters shall b and Maiirte any ~ tion in flowing water.
or adjacent to sttea T Construct1On revent excava e
_ g• All work in channel in °rder to ~m~
- the most current versT aiversio D ~°~es shall be used to p n m ~e stteam
cofferdams and othe the banks rather tha
° erated from ollutants into the stream. revent
- e uipment shall be ttoduction of other p ected and maintained to p
9 • geavy q laxly insP
sedimentat1On and reduce the sn or other toxic n•~terials.
o erated near surface waters must be regu
mechanized equipment onl fuels, lubricants, hydraulic fluids,
G
10. All ~,,~aters fr ~tu
contamination of stream
Transportation Permitting Unit Carolina 27699-1650
Raleig ~~ Ra eigh, North Carolina 27604
„~~.~~a ~rvice Center, , .,.,,n~o.enrstate.nc.uslnc`Netl.~ S ,_ o„ter

F WgTF Michael F. Easley, Governor
O ~Q
Q~' aG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
`
C? ~. Coleen Sullins, Director
] ~ Division of Water Quality
Q "C'
11. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
14. A copy of this Water Quality Certification shall be posted 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.
15. 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.
16. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certification of Completion Form" to notify DWG when all work included in the 401 Certification has been
completed.
17. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
18. 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 be located in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road construction activities.
19. 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.
20. Sediment and erosion control measures shall not be placed in wetlands or waters'unless otherwise
approved by this Certification. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, they shall be removed and the natural grade restored upon completion of the
project.
NOne Caro ' a
Transportatlon Permitting Unit / ~utura
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: htto:/lh2o.enr.state.nc.us/ncwetlands
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NjATF Michael F. Easley, Governor
~
~ ~Q
OC~ pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\
~ Coleen Sullins, Director
,~ Division of Water Quality
Q '~
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. 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 Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at [phone].
S' ely,
oleen Sullins
Director.
Attachments (General Certification and Certificate of Completion form)
cc: Chris Murray, Division 5 Environmental Officer
Deanna Riffey, NCDOT PDEA
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
DWQ Raleigh Regional Office copy
File Copy
~° CaTOtlna
Transportation Permitting Unit ~ -'u~urat't't/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: httg://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmativeAaion Employer- 50% Recycledll0% Post Consumer Paper