HomeMy WebLinkAbout20071597 Ver 1_Approval Letter_20070924o~~~ W Ar~RQ~
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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
September 24, 2007
Franklin County
DWQ Project No. 20071597
SR 1257
State Project No. 5.203511
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION,
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 impacts for the purpose of
a pipe repair on SR 1257 in Franklin County:
Stream Impacts in the Tar-Pamlico River Basin
Site Permanent Fill & Riprap in
Intermittent Stream linear ft Temporary Dewatering to
Intermittent Stream linear ft Total Stream
Im act linear ft
1 10 10 concurrent 10
Total 10 10 concurrent 10
Total Stream Impact for Project: 10. linear feet.
Tar-Pamlico Riparian Buffer Impacts
Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
s ft
1 317 0 317 N/A 30 0 30 N/A
Totals 317 0 317 0 30 0 30 0
* n/a =Total for Site is less than 1/3 acre and 1501inear feet of impact, no mitigation required
Total Buffer Impact for Project: 707 square feet.
The project shall be constructed in accordance with your application dated received September 21, 2007. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3627. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This
approval is also valid for the Tar-PamlicolZiparian Buffer Rules (15A NCAC 2B.0259). 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~o°e~Carolina
Transportation Permitting Unit ~tllCll~~lf
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://h2o.enr.state.nc.us/ncwetlands
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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
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 maybe 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 as well as those listed below.
Conditions of Certification:
1. Due to the perched pipe conditions at this project, DWQ will not require the burial of the culverts in the
streambed at this location. However, design and placement of the culvert and other structures shall be installed in
such a manner that prevents widening of the streambed as well as prevent headcutting of the stream. The applicant
maybe required to provide evidence that the equilibrium has been maintained, if requested in writing by the DWQ.
2. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
3. All stormwater runoff shall be duected as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
4. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody
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.
5. Pursuant to NCACISA 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Tar-Pamlico 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.
6. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
7. 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.
8. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
9. The Permittee shall ensure that the fmal design drawings adhere to the permit and to the pemut drawings
submitted for approval.
10. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the .most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
Noe Carolina
Transportation Permitting Unit " ' -"tura~~l~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-68931 Internet: http•/lh2o.enr state.nc us/ncwetlands
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper
~l~f{~T~ Michael F. Easley, Governor
d~O 9~G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
-
~ ~ Coleen Sullins, Director
~ Division of Water Quality
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11. 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.
12. 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.
13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
15. A copy of this Water Quality Certification shall be maintained on site at 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.
16. 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.
17. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that maybe imposed by other government agencies (i.e. local; state, and federal) having
jurisdiction, including but not limited to applicable buffer.rules; stormwater management rules, soil erosion and
sedimentation control requirements, etc.
18. The Permittee shall report any violations of this:certification to the Division of Water Quality within 24 hours of
discovery.
19. Upon completion of the project (including any impacts at associated borrow or waste site), 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, or access roads to 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
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 919-733-68931 Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
O~ ~lA).~'Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
\O~ ~G North Carolina Department of Environment and Natural Resources
~ ~ Coleen Sullins, Director
~ ~ Division of Water Quality
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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 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 (919) 733-9817.
S~ IY,
Coleen Sullins
Director
Attachments (General Certification and Certificate of Completion form)
cc: Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh. Field Office
Travis Wilson, NC Wildlife Resources Commission
File Copy
None Carolina
Transportation Permitting Unit `' ' ""~urQ~~l~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, NoRh Carolina 27604
Phone: 919-733-17861 FAX 919-733-68931 Internet: http~!lh2o enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper