HomeMy WebLinkAbout20070932 Ver 1_Approval Letter_20080328~OF W ATE9P Michael F. Easley, Governor
`(~ ~i William G. Ross Jr., Secretary
CJ) ~ North Carolina Department of Environment and Natural Resources
7 ~
~ ..r Coleen H. Sullins Director
Division of Water Quality
March 28, 2008
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: Modification of 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 R-4463, Section B.
DWQ Project No. 20070932 v.2; WQC003673
Dear Dr. Thorpe:
Attached hereto is a modification of Water Quality Certification No. 003673 issued to The North Carolina Department of
Transportation dated September 21, 2007. This modification is applicable only to the additional proposed activities for R-
4463 section B.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Coleen H. Sullins
Director
Attachments
cc: William Wescott, US Army Corps of Engineers, Washington Field Office
Chris Militscher, Environmental Protection Agency
Kathy Matthews, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Steve Sollod, Division of Coastal Management
Garcy Ward, DWQ Washington Regional Office
File Copy
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone (252) 946-6481
FAX (252) 946-9215 Internet: www.ncwaterquality.org
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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 I S NCAC 2H .0500
and 15A. NCAC 2B .0233. This modification authorizes additional wetland impacts for R-4463 Section B in Craven County.
This certification authorizes the NCDOT to impact an additional 0.13 acres of jurisdictional wetlands. The project shall be
constructed pursuant to the original application dated received June 19, 2007 and the modification application dated received
February 12, 2008. Authorized impacts are as described below:
Wetland Impacts in the Neuse River Basin Approved with the Original Certification
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
R-4463B Site:
1 0.28 0.00 0.00 0.02 0.00 0.00 0.30
2 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
TOTAL: 2.17 0.00 0.05 0.14 0.00 0.00 2.36
Wetland Impacts in the Neuse River Basin Approved with this Modification
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
R-4463B Site:
1 0.31 0.00 0.00 0.02 0.00 0.00 0.33
2 0.01 0.00 0.00 0.01 0.00 0.00 0.02
3 1.98 0.00 0.00 0.09 0.00 0.00 2.07
4 0.00 0.00 0.05 0.02 0.00 0.00 0.07
TOTAL: 2.30 0.00 0.05 0.14 0.00 0.00 2
.49
D~etet-~c~ +~~.13.~.. 0' _
'i0 0 ~ -~ a0 r, ~0 a _
+',1~;_ -~
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
and modified February 12, 2008. 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.
Condition(s) of Certification:
1. This modification is applicable only to the additional proposed activities. All the authorized activities and
conditions of certification associated with the original Water Quality Certification dated September 21, 2007 still
apply except where superceded by this certification.
2. All fill slopes located in jurisdictionai wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
3. 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.
4. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
5. 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.
7. 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.
8. Compensatory mitigation for impacts of 2.49 acres to non-riverine wetlands is required at a 2:1 ratio. 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 letters dated May 21, 2007 and February 8, 2008 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.
9. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification.
10. 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.
11. This 401 Water Quality Certification only authorizes impacts to jurisdictional resources associated with the R-
4463B section of this project. When final design plans are completed for R-4463 Section A, a modification to the
401 Water Quality Certification and the Neuse River Riparian Buffer Certification shall be submitted with five
copies and fees to the NC Division of Water Quality. Final designs shall reflect all appropriate avoidance,
minimization, and mitigation for impacts to wetlands, streams, and other surface waters, and buffers. No
construction activities that impact any wetlands, streams, surface waters, or buffers located in R-4463 Section A
shall begin until after the permittee applies for, and receives a written modification of the 401 Water Quality
Certification and the Neuse River Riparian Buffer Authorization from the NC Division of Water Quality.
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. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
14. 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 kilts.
15. A copy of 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.
16. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
17. 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal
404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA
permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory
hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such
demands are made, this Certification shall be final and binding.
This the 28~' day of March, 2008
DIVISION ATER QUALITY
Coleen H. Sullins
Director
WQC No. 003673