20071728 Ver 1_Approval Letter_20071019

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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
October 19, 2007
Granville County
DWQ Project No. 20071728
SR 1124
State Project No. SC.039035
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE 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
road improvements to SR 1124 in Granville County:
Stream Impacts in the Neuse River Basin
Site Permanent Fill in Riprap Impact to Temporary Dewatering Total Stream
Intermittent Stream Intermittent Stream to Intermittent Stream Impact
linear ft linear ft 'near ft linear ft
1 14 20 0 34
3 19 (outlet) 5 65 (concurrent) 65
41 inlet/channel shift) (+ 35 overla in
4 12 20 0 32
5 24 20 0 44
Total 110 65 65 (concurrent) 175
+ 35 overla in
Total Stream Impact for Project: 175 linear feet.
Neuse Ri arian Buffer Im acts
Site Zone 1
Impact
(sq ft) minus
Wetlands
in Zone 1
(sq ft) =Zone 1
Buffers (not
wetlands)
(sq ft) Zone 1 Buffer
Mitigation
Required
(using 3:1 ratio) Zone 2
Impact
(sq ft)
~ minus
Wetlands
in Zone 2
(sq ft) =Zone 2
Buffers
(not
wetlands)
s ft Zone 2 Buffer
Mitigation
Required (using
1.5:1 ratio)
1 1,001 0 1,001 N/A 438 0 438 N/A
lb 754 0 754 2,262 649 0 649 973
2b 0 0 0 0 742 0 742 1,113
3 472 0 472 N/A 328 0 328 N/A
3b 416 0 416 1,248 ~'~~ 0 0 0 0
4 854 0 854 N/A - 504 0 504 N/A
5 1,416 0 1,416 N/A - 490 0 490 N/A
Sb 1,637 0 1,637 4,911 :fit 1,073 0 1,073 1,609
Totals 6,550 0 6,550 8,421 3`T' 4,224 0 4,224 3,695
* n/a =Total for Site is less than 1 /3 acre and 150 linear feet of impact, no mitigation required *b =parallel impacts/mitigable
Total Buffer Impact for Project: 10,774 square feet.
No °hCarolina
Transportation Permitting Unit ~Q~tlCR~~1,~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]nternet: http://h2o.enr.state.nc.us/ncwetlands
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`OHO` ~ ~ ~~QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~ r Coleen Sullins, Director
> ~ Division of Water Quality
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The project shall be constructed in accordance with your application dated received October 12, 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 Neuse Riparian 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.
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 as well as those listed below.
Conditions of Certification:
1. Compensatory mitigation for impacts to 2,807 square feet of protected riparian buffers in Zone 1 and 2,464
square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform
compensatory mitigation for impacts to protected buffers through use of the North Carolina Ecosystem
Enhancement Program (EEP). Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided in
the Neuse River Basin and done in accordance with 15A NCAC 2B.0233. This certification is only valid pending
that EEP assumes responsibility for satisfying the 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.
2. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
3. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstructioncnntours 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.
4. Pursuant to NCAC I SA 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.
5. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted.
Vegetation used for bank stabilization shall be limited to native species, and should include establishment of a
vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase
incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be allowed if it is necessary to
maintain the physical integrity of the stream, but should be minimized.
N'o~ ethCazolina
Transportation Permitting Unit ~/VR1llCQ~~lf
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http:/Ih2o.enr.state.nc.us/ncwetlands
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`~~0 RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~ ~- Coleen Sullins, Director
? ~ Division of Water Quality
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6. 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. Additionally, placement of the culvert at Site 3
shall be placed below the elevation of the streambed by 20 percent of the culvert diameter to allow low flow passage
of water and aquatic life. If this condition is unable to be met due to bedrock or other limiting features encountered
during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a
permit modification will be required.
7. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
8. For the stream being impacted due to site dewatering activities at Site 3, the site shall be graded to its
preconstruction contours and revegetated with appropriate native species.
9. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High
Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be directed to vegetated buffer areas,
grass-lined ditches or other means appropriate to the site for the purpose ofpre-treating storm water runoff prior to
discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
10. The permittee shall use Design Standards in Sensitive Watersheds [15A NCAC 4B.0124(a)-(e)] in watersheds
of High Quality Waters (HQW). Temporary cover (wheat, millet, or similar annual grain) or permanent herbaceous
cover should be planted on all bare soil within IS days of ground disturbing activities to provide long-term erosion
control. Erosion control matting should be used in conjunction with appropriate seeding on disturbed soils in steep
slope and riparian areas. Steep slopes are defined as those slopes graded at an angle which cannot retain vegetative
cover. Matting shall be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch
and tall fescue shall not be used in riparian areas.
11. 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.
12. 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.
13. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
14. 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.
15. 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.
16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contanvnation of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
17. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
NoSthCarolina
Transportation Permitting Unit ,/1/UtllCQt't'l,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http:l/h2o.enr.state.nc.uslncwetlands
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
o -c
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 [phone]
mce ely,
Coleen Sullins
Director
Attachments (General Certification and Certificate of Completion form)
cc: Heather Montague, Division 5 Environmental Specialist
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Ecosystem Enhancement Program
File Copy
N'o°~ethCarol~na
Transportation Permitting Unit ,NQ~111'R~~1,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, SuRe 250, Raleigh, North Carolina 27604
Phone: [phone]! FAX [phone] / Internet http://h2o.enr.state.nc.us/ncwetlands
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