HomeMy WebLinkAbout20041082 Ver 2_Approval Letter_20070813Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
August 13, 2007
Person County
DWQ Project No. 20041082 ver.2
SR 1128
State Project No. SC.073015
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL
CONDITIONS
Mr. J.W. Bowman, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Bowman:
You have our approval, in accordance with the conditions listed below, for the following additional impacts for the
purpose of road improvements to SR 1128 in Person County:
Additional Stream Imnacts in the Neuse River Basin
Site Permanent Fill in Perennial
Stream linear ft Temporary Dewatering to
Perennial Stream linear ft Total Stream
Im act linear ft
1 6 6 concurrent 6
Total 6 6 concurrent 6
Total Additional Stream Impact for Project: 6 linear feet.
The project shall be constructed in accordance with your modified application dated received August 8, 2007. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 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.
This approval is valid solely for the purpose and design described in your application (unless modified below). All
the authorized activities and conditions of certification associated with the original Water Quality Certification dated July 27,
2004 still apply except where superceded by this certification. 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 maybe required as described in 1 SA NCAC 2H .0506 (h) (6) and (7). For this approval to
remain valid, you must adhere to the conditions listed in the attached certification as well as those listed below.
Conditions of Certification:
1. All other conditions written into the previous Water Quality Certifications for this project still apply,. except
where superceded by this modification.
Nose Carolina
Transportation Permitting Unit ~ "`~uCQ~~y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-689311ntemet: http:llh2o.enr.state.nc.uslncwetlands
An Equal OpportunitylAffirmative Action Employer- 50% Recycledl10% Post Consumer Paper
._ _
Michael F. Easley, Governor
~O f wgT~R William G. Ross Jr., Secretary
QG North Carolina Department of Environment and Natural Resources
(~ p Coleen Sullins, Director
~ r- Division of Water Quality
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2. Placement of culverts and other structures in waters, streams, and wetlands shall 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 is being maintained if requested in writing by DWQ. If thiase contact the NCIDWQ for guidan~e on
bedrock or other limiring features encountered during construction, p
how to proceed and to determine whether or not a permit modification will be required.
3. Riprap should not be pla ineerin eboulders or structures sho ud be properly d s gned,lsized andeinstalled.cludes
aquatic life passage. Bioeng g
4. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
5. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
6. All riparian buffers impacted by the placement of tempf rs shall be cle armanently revegetated with non-woody
preconstruction contours and revegetated. Mamtamed bu p
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 DOT
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.
7. 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 adiffuse floWOne 2 of the buffers provided that Zone 1 is not
compromised and that discharge is released as
8. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
9. 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.
10. The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current versio iveraionlstructures hall be used to prevent excavation in flowing watersandbags, rock berms,
cofferdams and other d
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 amuwaters from fuels, lubricants, hydraulicuflubdsr oguother oxpc cmaterialsmaintained to prevent
contartunahon of stre
None Carolina
~Eura!!r~
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-689311nternet: htt :l/h2o.enr.state.nc.us/ncwetlands
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~ WgTF Michael F. Easley, Governor
Q ~j William G. Ross Jr., Secretary
`Q~ ~G North Carolina Department of Environment and Natural Resources
cq ~ Coleen Sullins, Director
~ ~ Division of Water Quality
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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. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
17. A copy of this Water Quality Certification, and any previous versions, 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.
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.
19. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been
completed.
20. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
21. 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.
22. 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.
23. 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.
Noe Carolina
~~ura!!~
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-689311nternet: http:/lh2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmativeRction Employer - 50% Recycled110% Post Consumer Paper
OF W ATF~ Michael F. Easley, Governor
William G. Ross Jr., Secretary
`OCR QG North Carolina Department of Environment and Natural Resources
~ ~ Coleen Sullins, Director
~ ~ Division of Water Quality
D ~
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 (9190 733-9817.
Sincere/ ,
,/~ 7.
oleen Sullins
Director
Attachment
cc: Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
File Copy
N °e Cazolina
Transportation Permitting Unit " ' "-~uCat'~Z~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-6893 /Internet: http~/Ih2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycledl10% Post Consumer Paper