HomeMy WebLinkAbout20051764 Ver 1_Approval Letter_20051128O~O~ W A T ~~QG
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November 28, 2005
Dr. Gregory J. Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
Re: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and Neuse River
Buffer Authorization for Proposed Widening of SR 1158 (Airport Boulevard) from NC 42 to US 264 Alternate
in Wilson, Wilson County, TIP No. U-3823, Project No. 8.2341801, Federal Aid Project No. STP-1158(2).
DWQ Project No. 051764
Attached hereto is a copy of Certification No. 3550 issued to The North Carolina Department of Transportation
dated November 28, 2005.
If we can be of further assistance, do not hesitate to contact us.
Attachments
Si ly,
Alan W. Klimek, P.E.
Duector
cc: Wilmington District Corps of Engineers
Mr. Eric Alsmeyer, Corps of Engineers Raleigh Field Office
Mr. Christopher Militscher, US EPA, Region IV
Mr. Travis Wilson, NC Wildlife Resources Commission
Mr. R.E. Greene, Jr., PE, Division 4 Engineer, 509 Ward Blvd., PO Box 3165,Wilson, NC 27895
Mr. Jamie Shern, Division 4 Environmental Officer, 509 Wazd Blvd., PO Box 3165,Wilson, NC 27895
Mr. Michael Turchy, NEU, 2728-168 Capital Blvd., Parker Lincoln Bldg., Raleigh, NC 27604
Mr. William Gilmore, Ecosystem Enhancement Program
NCDWQ Raleigh Regional Office
Central Files
File Copy
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919.733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands
APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDITIONS
And Neuse River Buffer Rules
THI5 CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15
NCAC 2H, Section .0500. The project shall be constructed pursuant to the application dated received September 21,
2005, to construct the widening of SR 1158 (Airport Boulevard) from NC 42 to US 264 Alternate in Wilson, Wilson
County. The approved design is that submitted in your application dated received September 21, 2005. This
certification authorizes the NCDOT to permanently impact .894 acres and temporarily impact .155 acres of
jurisdictional wetlands, permanently impact 891inear feet of stream, and impact 40,303 square feet of protected
Neuse Riparian Buffers (24,372 square feet in Zone 1 and 15,931square feet in Zone 2) in Wilson County. The
authorized impacts are as described below:
Wetland Im acts in Neuse River Basin
Site Fill
(ac) Fill (temporary)
(ac) Excavation
(ac) Mechanized Clearing
Method III
(ac)
1 0.022 0.027 0.010 0.016
2 0.547 0.118 0.001 0.299
4 0.01
Total 0.569 0.155 0.011 0.314
Surface Water and Stream Impacts in the Neuse River Basin
Site Permanent Fill in Surface
Water (ac) Temporary Fill in Surface
Water (ac) Permanent Stream Impacts
(ft)
1 0.028 82
2 0.066
4 0.001 7
Total 0.029 0.066 89
Neuse Riparian Buffer Impacts
Site Zone 1
(s . ft.) Zone 2
(s . ft.) Wetlands in
Zone 1 (s . ft.) Wetlands in
Zone 2 (s . ft.) Mitigation Required
Zone 1 (s . ft.) Mitigation Required
Zone 2 (s . ft.)
1 11,533 7,641 11,533 7,641
2 7,871 5,029
4 4,968 3,261
Total 24,372 15,931 11 533 7 641
Mitigation Requirements for Neuse Riparian Buffers Project Wide
Impact
(sq. ft.) Replacement
Ratio Total
Impact
(s . ft.) Fee schedule Payment amount
for Mitigation
Zone 1 11,533 3:1 34,599 $0.96/s . ft. $33,215.04
Zone 2 7,641 1.5:1 11,461.5 $0.96/s . ft. $11,003.04
Total M iti ation Pa ment Re uired $44,128.08
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received
September 21, 2005, as described in the Public Notice. Should your project change, you are required to notify the
DWQ 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 any additional
wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 1501inear feet,
respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and
(7). For this approval to remain valid, you are required to comply with all the conditions listed below. In addition,
you should obtain all other federal, state or local permits before proceeding with your project including (but not
limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed
regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of
Engineers Permit.
Condition(s) of Certification:
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
2. All 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 after the Division of Land Resources
has released the project.
3. If an environmental document is required, this Certification is not valid until a FONSI
or ROD is issued by the State Clearinghouse. All water quality-related conditions of the FONSI or ROD
shall become conditions of this Certification;
4. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened.
5. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with
this permit without appropriate modification of this permit. Should waste or borrow sites be located in
wetlands or stream, compensatory mitigation will be required since it is a direct impact from road
construction activities.
6. All channel relocations will be constructed in a dry work area, and stabilized before stream flows are
diverted. Channel relocations will be completed and stabilized, and must be approved on site by DWQ
staff, prior to diverting water into the new channel. Whenever possible, channel relocations shall be
allowed to stabilize for an entire growing season. Vegetation used for bank stabilization shall be limited
to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20
foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A
transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be
allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide
written justification and any calculations used to determine the extent of rip-rap coverage requested.
7. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed.
The responsible pazty shall complete the attached form and return it to the 401/Wetlands Unit of the
Division of Water Quality upon completion of the project.
8. Compensatory mitigation for impacts to 19,174 squaze feet of Neuse Riparian Buffers shall be provided
for as described below.
Zone of
Im act Impacts
(S uaze Feet) Replacement
Ratio Total Square Feet of
Miti ation Re uired
Zone 1 11,533 3:1 34,599
Zone 2 7,641 1.5:1 11,461.5
Total 19174 46 060.5
We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers
through an in lieu payment to the North Cazolina Ecosystem Enhancement Program (NCEEP), and that
the EEP has agreed to implement the mitigation for the project. Mitigation for unavoidable impacts to
Neuse Ripazian Buffers shall be provided through an in-lieu payment to the North Carolina Ecosystem
Enhancement Program (NCEEP) at a rate of $0.96 per squaze foot. Therefore, a total payment of
$44,128.08 shall be submitted to the NCEEP to offset the impacts. No construction activities in Neuse
River Riparian buffers shall begin until payment for buffer mitigation is made and the Ecosystem
Enhancement Program receives and clears your check (made payable to DENR Ecosystem Enhancement
Program). The payment to NCEEP shall be sent within two months of issuance of the 404 permit. If you
have any questions concerning the Ecosystem Enhancement Program please contact them at 919-733-
5208.
9. Compensatory mitigation for impacts to .894 acres of jurisdictional wetlands shall be done. Total
mitigation shall be provided as described below:
Offsite Compensatory Mitigation
Compensatory mitigation for the unavoidable impacts to .894 acres of riparian
wetlands in the Hydrologic Cataloging Unit 03020203, associated with the proposed
project shall be provided by the Ecosystem Enhancement Program (EEP), as outlined
in the letter dated August 29, 2005, and in accordance with the Memorandum of
Agreement (MOA) between the State of North Cazolina and the US Army Corps of
Engineers signed on July 22, 2003, and the Dual Party MOA signed between NCDOT
and NCDENR on April 12, 2004.
10. Compensatory mitigation for impacts to 891ineaz feet of streams shall be provided as described below:
Offsite Compensatory Mitigation
Compensatory mitigation for the unavoidable impacts to 891ineaz feet of streams in
the Hydrologic Cataloging Unit 03020203 associated with the proposed project shall
be provided by the Ecosystem Enhancement Program (EEP), as outlined in the letter
dated August 29, 2005, and in accordance with the Memorandum of Agreement
(MOA) between the State of North Cazolina and the US Army Corps of Engineers
signed on July 22, 2003, and the Dual Party MOA signed between NCDOT and
NCDENR on April 12, 2004.
11. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected ripazian buffers.
12. All temporary fills in wetlands and surface waters shall be removed upon completion of the project. In
addition, the post-construction removal of any temporary bridge structures or fill will need to return the
project site to its preconstruction contours and elevations. The revegetation of the impacted areas with
appropriate native species will be required.
13. Riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
14. The dimension, pattern and profile of the stream above and below the crossing should not be modified by
widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams
should be restored to natural geomorphic conditions.
15. Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
16. All mechanized equipment operated neaz surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
18. Two copies of the final construction drawings shall be furnished to NCDWQ prior to the pre-construction
meeting. Written verification shall be provided to the NC Division of Water Quality that the final
construction drawings comply with the attached permit drawings contained in your application dated
September 16, 2005.
19. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be cleazly mazked by highly visible fencing prior to any land disturbing activities.
Impacts to azeas within the fencing are prohibited unless otherwise authorized by this certification.
20. 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 necessazy 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).
21. 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.
22. DOT shall schedule a preconstruction meeting for this project prior to incurring any impacts in
jurisdictional waters including wetlands. The Division of Water Quality shall be notified a minimum of
30 days prior to the preconstruction conference.
23. Placement of culverts and other structures in waters, streams, and wetlands must 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 having 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 shall be maintained if requested in writing
by DWQ.
24. If the above condition (#23) is unable to be met, due to bedrock or other limiting features encountered
during construction, please contact the NCDWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required.
25. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with
this permit without appropriate modification of this permit. Should waste or borrow sites be located in
wetlands or stream, compensatory mitigation will be required since it is a direct impact from road
construction activities.
26. Any violations, during the construction of the approved project, of this 401 Water Quality Certification or
the North Carolina State Water Quality Standards as defined in 15A NCAC 2B .0200 Rules, shall be
reported immediately to the North Carolina Division of Water Quality.
27. Pursuant to NCACISA 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of
any Neuse Buffer without prior approval by the NCDWQ. At this time, the 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.
Project Specific Conditions
28. The Bloomery Swamp stream crossing on SR 1158 (Airport Boulevard) is within 1.1 miles of a critical
water supply intake area (classified WS-IV, NSW). Therefore, according to guidelines developed by
NCDOT and the Division of Water Quality, hazardous spill retention basins will be installed at the
crossing of Bloomery Swamp.
29. Due to the presence of high quality wetlands at Bloomery Swamp, Design Standards in Sensitive
Watersheds .0024 NCAC Title 15A provisions shall be included in the design.
30. The typical section over Bloomery Swamp will be reduced to a four-lane cross-section in order to
minimize wetland impacts.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions aze made conditions of the Federa1404 and/or Coastal Area Management Act Permit. This
Certification shall expire upon the expiration of the 404 permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty
(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to
Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. If modifications aze made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the
Certification. Unless such demands are made, this Certification shall be final and binding.
This the 28th day of November 2005
DIVI N F WATER QUALTTY
?~YL-
/Alan W. Klimek, P.E.
Duector
WQC No. 3550