HomeMy WebLinkAbout20071773 Ver 1_Approval Letter_20071024c} ~
O~O~ W A T ~R~G
~ _ ~ .~. -~
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
October 24, 2007
Wake County
' DWQ Project No. 20071773
Bridge 125 on SR 2045
TIP No. B-3705
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with
ADDITIONAL CONDITIONS
Dr. Gregory J. Thorpe, Ph.D., Environmental Management Director
NCDOT, Project Development and Environmental Anaylsis
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 125 in Wake County:
Stream Im acts in the Neuse River Basin
Site Stabilization to Perennial Stream linear ft Total Stream Im act linear ft
1 72 72
Total 72 72
Total Stream Impact for Project: 721inear feet.
Wetland Impacts in the Neuse River Basin
Site Permanent Fill ac Mechanized Clearin ac . Total Wetland Im act ac
1 0.14 0.03 0.17
2 0 0.02 0.02
Total 0.14 0.05 0.19
Total Wetland Impact for Project: 0.19 acres.
Neuse 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 8,188 0 8,188 N/A 4,848 0 4;848 N/A
2 505 152 353 1,059 159 159 0 0
Totals 8,693 152 8,541 1,059 5,007 159 4,848 0
* n/a =Site impact is classified as "Allowable"; no mitigation required
Total Buffer Impact for Project: 13,700 square feet.
N~o e~Cazolina
Transportation Permitting Unit ~'""tuCQ«/
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: htto://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmativeActiop Employer - 50% Recycled/10% Post Consumer Paper
O~ W A 1.F~ Michael F. Easley, Governor
William G. Ross Jr., Secretary
`OC~ QG North Carolina Department of Environment and Natural Resources
~ ~ Coleen, Sullins, Director
~ ~ Division of Water Quality
D ~
The project shall be constructed in accordance with your application dated received October 19, 2007. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3632. This certification corresponds to the Nationwide Permit 23 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 353 square feet of protected riparian buffers in Zone 1 shall be required,
resulting in 1,059 square feet of Zone 1 restoration. In accordance with 15A NCAC 02B.0242(9) riparian vegetation
reestablishment shall include a minimum of at least 2 native hardwood tree species planted at a density sufficient to
provide 320 trees per acre at maturity. The mitigation area shall be placed under a perpetual conservation easement
that will provide for protection of the property's nutrient removal efficiencies. In lieu of monitoring, a site visit with
DWQ shall be scheduled one year after completion of the project to confirm adequate vegetation survival to qualify
for mitigation credit.
2. According to your application, in addition to the required 1,059 square feet of onsite Zone 1 Neuse Buffer
restoration, an additiona1271 square feet of Zone 1 and 480 square feet of Zone 2 Neuse Buffer restoration will be
conducted resulting in surplus mitigation for possible future projects. Any future project using this surplus
mitigation should refer to this certification's DWQ number in the application. Additionally, in accordance with 15A
NCAC 02B.0242(4), any project using this surplus mitigation must be equal to or greater than this project in
distance from the Neuse River estuary. Please contact DWQ for clarification of this condition if necessary.
3. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
4. Bridge deck drains should not discharge directly into the stream. Stormwater shall be directed across the bridge
and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.)
before entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
5. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species.
6. 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.
No~° Cazolina
Transportation Permitting Unit ~ "'t`uCa~~/
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 OpportunitylAffimtative Action Employer- 50% Recycledll0% Post Consumer Paper
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen, Sullins, Director
Division of Water Quality
7. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
8. 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 allowed in Zone 2 of the buffers provided that Zone 1 is not
compromised and that discharge is released as diffuse flow.
9. 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.
10. 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.
11. 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.
12. 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.
13. The Pernrittee shall ensure that the fmal design drawings adhere to the permit and to the permit drawings
submitted for approval.
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
contamination 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.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
20. 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.
None 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 919-733-6893 / Internet: htto•//h2o enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recyded/10% Post Consumer Paper
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen, Sullins, Director
Division of Water Quality
21. 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.
22. 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.
23. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
24. 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.
25. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
26. 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.
27. 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.
28. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
No°e Cazolina
Transportation Permitting Unit ~~llCQ~~lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-68931 Internet: http:l/h2o.enr.state.nc.usJncwetlands
An Equal OpportunitylAffimtative Action Employer - 50% Recycled110% Post Consumer Paper
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen, Sullins, Director
Division of Water Quality
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 fmal 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.
Sincerely,
Coleen Sullins,
Director
Attachments (General Certification and Certificate of Completion form)
cc: Chris Murray, Division 5 Environmental Officer
Jim Mason, NCDOT PDEA
Eric Alsmeyer; US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
File Copy
N~ one Carolina
Transportation Permitting Unit '' ' ""tuCQ~~I~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Sufte 250, Raleigh, NoRh Carolina 27604
Phone: 919-733-17861 FAX 919-733-68931 Internet: htta~/Ih2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper