20041082 Ver 1_Approval Letter_20040727

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
July 27, 2004
Person County
DWQ Project No. 041082
APPROVAL of 401 Water Quality Certification
Mr. Jon G. Nance, P.E. Division Engineer
NCDOT, Division 5
2612 N. Duke Street
Durham, NC 27704
Dear Mr. Nance:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
secondary road improvements to SR 1128 (Tom Oakley Road) from SR 1129 (Frank Timberlake Road) to end of
pavement in Person County. ~
Impact Locations Stream Impacts
(Linear Feet) Riparian Buffer Impacts (Square Feet) Wetland Impacts (Acres)
Site 1 (STA 27 +36) 44 2,537 (1,529 Zone 1 + 1,008 Zone 2)
Site 2 (STA 39+98) 0.025 (1,128 sq.ft)
The project shall be constructed in accordance with your revised application dated received July 12, 2004. After
reviewing your application, we have decided that the stream impacts and wetland fills described are covered by
General Water Quality Certification Numbers 3404 and 3366. This certification corresponds to the Nationwide
Permit 14 and the Nationwide Permit 33 issued by the Corps of Engineers. This approval is also valid for the Neuse
River 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, unless
otherwise specified in the Water Quality Certification.
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 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 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 1501inear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
1.) 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 party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of
Water Quality upon completion of the project.
2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless
approved otherwise by this certification.
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ~ne
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NorthCaTOlina
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands ~~~~~~~~

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DWQ No. 041082
3.) 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.
4.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
5.) 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.
6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
7.) 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.
8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
9.) The outside buffer, wetland or water boundary as well as along the construction corridor within these
boundaries approved under this authorization shall be clearly marked by orange fabric fencing for the areas that
have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities.
10.) 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.
11.) 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.
12.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
13.) 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 stream beds 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.
14.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened
15.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or
other materials be dredged from the wetted stream channel under authorization of this permit, except in the
immediate vicinity of the culverts.
16.) All work shall be performed during low or normal flow conditions.
17.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.

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DWQ No. 041082
18.) 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.
19.) For 441ineaz feet of stream at Site 1 being impacted due to site dewatering activties, the site shall be graded to
its preconstruction contours and revegetated with native vegetation.
20.) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored
to the preconstruction contours and revegetated with native woody species upon completion of the project
construction. Apost-construction as-built with the restoration activities included shall be submitted to the
DWQ no later than 60 days after the project is closed out by the Department of Transportation.
21.) No changes to the horizontal or vertical placement of the stormwater outfall locations, the horizontal or vertical
placement of the culverts, the horizontal or vertical placement of bridges, the horizontal or vertical placement of
grassed swales, or the horizontal or vertical placement of open ditches is permitted without written approval
from the NC Division of Water Quality 401 Wetlands Unit. In addition, no changes to the flow spreader
locations or designs, preformed scour hole locations or designs aze permitted without written approval from the
NC Division of Water Quality 401 Wetlands Unit. Any request for changes to the referenced items above will
require submittal of a modification request, with seven copies, and corresponding fees will need to be submitted
to the North Carolina Division of Water Quality.
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, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This certification and its conditions aze finale 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 Nicole Thomson at 919-715-3415.
' cere ,
~`
an W. Klimek, P.E. E%~_ .
JEH/njt
Attachment
cc: Wilmington District, US Army Corps of Engineers
Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Mr. Battle Whitley, P.E., NCDOT, District Engineer, District 2, 815 Stadium Drive, Durham, NC 27704
Mr. Billy Timberlake, NCDOT, County Maintenance Engineer, PO Box 991, Roxboro, NC 27573
Mr. Jeremy Goodwin, EI, CPESC, NCDOT, Roadside Field Operations, Divisions 4 & 5, 1558 MSC,. Raleigh,
NC 27699-1558
Central Files
File Copy
c:\Correspondence\DWQ041082\071904wgc.doc