20061695 Ver 1_Approval Letter_20070124

Michael F. Easley, Governor
William G. Ross Jr., Secretary
r . ~ ' North Carolina Department of Environment and Natural Resources
'^ ~'`~ Alan W. Klimek, P.E. Director
''~~^ Division of Water Quality
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`~'F)' ~~:~~
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~vos Q`~R ~~ January 16, 2007
` diQ~ Green County
DWQ Project No. 20061695
TIP B-4127
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE RIVER BUFFER RULES with ADDITIONAL
CONDITIONS
Dr. Gregory J. Thorpe, PhD., Manager
Planning & Environmental Branch
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts:
Wetlands Buffer Buffer
Streams
Site Number (acres)
Mechanized Temporary Zone 1 Zone 2 linear ft
( )
(square ft) (square ft)
Fill Clearing Hand Clearing
TIP B-4127 0.065 0.191 0.018 9707 3183 0
Net Total Im acts 0.274 acres 12,890 0 ft
The project shall be constructed in accordance with your application dated October 18, 2006 for the purpose of replacing
Bridge Number 43 over Rainbow Creek on SR 1438 in Greene County. After reviewing your application, we have decided
that these impacts are covered by General Water Quality Certification Number 3403. This certification corresponds to
Nationwide Permit 23, issued by the Corps of Engineers. This approval is also valid for the Neuse River 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 issued by the US Army Corps of Engineers (this
supercedes Condition 10 of General Certification 3403 issued March 1, 2003).
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 total impacts to streams or buffers (now or in the
future) exceed 150 linear 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.
1.) Upon completion of the project, 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.
2.) 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.
None Carolina
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] ~~1~CQ~~~
FAX [phone] Internet: www.ncvvaterquality.org
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15.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
16.) 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.
17.) All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise
approved by this certification.
18.) 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.
19.) 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.
20.) Bridge deck drains should not discharge directly into the stream. Stormwater should 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 5tormwater Best Management Practices.
21.) 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.
22.} A copy o-f this Water Quality Certification shall be posted on 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.
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, P.O. Box 27447, Raleigh, N.C. 27611-7447.
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 Garcy Ward at [phone].
S'ncerely,
for Alan Klime
Director, Division of Water Quality
Attachment
cc: Wilmington District Corps of Engineers
Mr. William Wescott, US Army Corps of Engineers, Washington Field Office
Mr. Jay Johnson, Division 2 Environmental Officer, NCDOT
Sonia Gregory, NC DWQ, 401/Wetlands Unit
Central Files
File copy

WQC #3403
The Director of the North Carolina Division of Water Quality may require submission
of a forma! application for Individual certification for any project in this category of activity
that requires written concurrence under this certification, if it is determined that the
project is likely to have a significant adverse effect upon water quality or degrade the
waters so that existing uses of the wetland, stream or downstream waters are precluded.
Public hearings may be held for specific applications or.group of applications prior to
a Certification decision if deemed in the public's best interest by the Director of the North
Carolina Division of Water Quality.
Effective date; z~ March 2003.
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3403

O~ WAT~9

O~ pG Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\
Uj r
~ ~ Alan W. Klimek, P.E. Director
Division of Water Quality
~ ~.~~ ~
~;.- -;i
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
1, ,hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Date:
Partial Final
I , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
Nose Carolina
Transportation Permitting Unit ~atuCQlly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone; 919-733-17861 FAX [phone] i Internet: http~//h2o enr state.nc.uslncwetlands
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