HomeMy WebLinkAbout20070932 Ver 1_Approval Letter_20070921O~O~ W AT ~9QG
r
~ .~
~ Y
September 21, 2007
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER RULES with ADDITIONAL CONDITIONS for Proposed construction of the NC 43 Connector
(Bosch Boulevard) from NC 43 to US 17 in Craven County, State Project No. 6.804857, TIP 4463,
Sections A and B.
DWQ Project No. 20070932; WQ0003673
Dear Dr. Thorpe:
Attached hereto is a copy of Water Quality Certification No. 003673 issued to The North Carolina Department of
Transportation dated August 17, 2007.
If we can be of further assistance, do not hesitate to contact us.
Attachments
Coleen H. Sullins
Director
Si ely,
cc: William Wescott, US Army Corps of Engineers, Washington Field Office
Chris Militscher, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish and Wildlife Service
Steve Sollod, Division of Coastal Management
Garcy Ward, DWQ Washington Regional Office
File Copy
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
O~OF W i1 r~9QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
y Coleen H. Sullins, Director
r Division of Water Quality
--I
~ ~
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and Neuse Buffer
Rules with ADDITIONAL CONDITIONS
THIS 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 .0500 and [15A NCAC 2B .0233. This certification authorizes the NCDOT to impact 4.42 acres of
jurisdictional wetlands in Craven County. The NCDOT is not requesting impacts to any jurisdictional streams or
buffered areas for this project. Therefore, no impacts to jurisdictional streams or buffers within the Neuse River
basin are allowed under this certification. The project shall be constructed pursuant to the application dated
received June 19, 2007. Authorized impacts are as described below:
Wetland Imnacts in the Neuse River Basin
Section/Site Fill
(permanent)
ac Fill
(temporary)
(ac) Excavation
(ac) Mechanized
Clearing
ac Hand
Clearing
ac Area under
Bridge
ac) Total
Wetland
Im act (ac
4463A Site:
1 1.47 0.00 0.00 0.15 0.00 0.00 1.62
2 0.40 0.00 0.00 0.04 0.00 0.00 0.44
4463A TOTAL: 1.87 0.00 0.00 0.19 0.00 0.00 2.06
-,- -,
4463B Site:
1 0.28 0.00 0.00 0.02 0.00 0.00 0.30
Z 0.00 0.00 0.00 0.01 0.00 0.00 0.01
3 1.89 0.00 0.00 0.09 0.00 0.00 1.98
4 0.00 0.00 0.05 0.02 0.00 0.00 0.07
4463B TOTAL: 2.17 0.00 0.05 0.14 0.00 0.00 2.36
PROJECT
TOTAL: 4.04 0.00 0.05 0.33 0.00 0.00 4.42
Total Wetland Impacts for Project: 4.42 acres.
The application provides adequate assurance that the discharge of fill material into the wetlands or waters of the
Neuse River Basin or 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 June 19,
2007. 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 150 linear 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.
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 919-733-689311ntemet: http://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper
o~~~ w H r~9QG
r
~_ ~
~ ~
Condition(s) of Certification:
1. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
2. 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.
3. Native riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
4. 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.
6. The permittee 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 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 necessary to assure compliance, DWQ
may reevaluate and modify this 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.
Compensatory mitigation for impacts to non-riverine wetlands is required. We understand that you have
chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project.
EEP has indicated in a letter dated May 21, 2007 that they will assume responsibility for satisfying the
federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in
accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual-Party MOA signed on April 12,
2004.
10. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification.
N~o~~e,,hCarolina
Transportation Permitting Unit ~ vuturat'~~
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: htta://h2o.enr.state.nc.us/ncwetlands
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
An Equal OpportunitylAffirmativeRction Employer - 50% Recycled/10% Post Consumer Paper
William G. Ross Jr., Secretary
t I Resources
~pk W H ~FqQ North Carolina Department of Environment and Na ura
O Coleen H. Sullins, Director
G Division of Water Quality
r
~ -i
o ~
11. All mechanized equipment operated nears fuaels lubricantsshydraulgclfluidsnor other toxi material ~ to
prevent contamination of stream waters from
12. This 401 Water Quality Certification only 1 deli In slansare completed for R-4463nectioniAe a with the
R-4463B section of this project. When fma g p
modification to the 401 Water Qua and fees tothe NC Division of Water Quality. Final designs shall
shall be submitted with five copies
reflect all appropriate avoidance, minim taon activtieslthat impa~ t any wetlands,tstreasms surface aters,r
surface waters, and buffers. No constru
or buffers located in R-4463 S1c~o~eAQuality Certificat one and the Neuse Riper Ripar an Buffer es a
written modification of the 40
Authorization from the NC Division of Water Quality.
13. 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. -
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
15. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream o the otent al for eledvat d pH and possible aquatic 1 fe and fish kills.
be discharged to surface waters duet p
16. A copy of this Water Quality Certificatiobse uent modifc ations, if any, shall be maintained with the ition,
the Water Quality Certification and all su q
Division Engineer and the on-site project manager.
17. Upon completion of the project, the NCDOT Divisi Wri n all work included in the 40 Certificat on has
"Certification of Completion Form" to notify DWQ
been completed.
Violations of any condition herein set forth may resule ull andavoid unless the above cond d ons aresmade criminal
and/or civil penalties. This Certification shall becom
conditions of the Federa1404 and/or Coastal Area Management Act Permit. This Certification shall expire upon t e
expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have th~i gre nest mustdbeain the form of a written pefrtion conformg to
(60) days following receipt of this Certification. q
Chapter 150B of the North Carolina Gener ~~ 1 ~If modificationshare mOade to an original Cert fi at on, you have
Mail Service Center, Raleigh, N.C. 27699
the right to an adjudicatory hearing on h demoanlds are made this Certificat on shall belfinal and baindingowmg
receipt of the Certification. Unless suc
This the 21st day of September 2007
DIVISI O WATER AL TY
l
Coleen H. Sullins
Director
WQC No. 003673
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 FAX919-733-68931Intemet:htt ://h2o.enr.state.nc.us/ncwetlands
_-... .. _ .._,-J/A 110/ o„~f Cnncnmar Paper