Loading...
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