20050234 Ver 2_Approval Letter_20080421

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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
Apri121, 2008
Vance County
DWQ Project No. 20050234 ver. 2
SR 1507
State Project No. 5.209111
RE-ISSUANCE of APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO 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
paving SR 1507 in Vance County:
Stream Im acts in the Tar-Pamlico River Basin
Site Permanent Fill in Riprap to Intermittent Stream Temporary Dewatering to Total Stream Impact
Intermittent Stream (linear ft) Intermittent Stream (linear ft)
linear ft linear ft
1 20 16 36 Concurrent) 36
Total 20 16 36 Concurrent 36
Total Stream Impact for Project: 361inear feet.
Tar-Pamlico 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 1611 0 1611 N/A 842 0 842 N/A
Totals 1611 0 1611 0 842 0 842 0
* n/a =Total for Site is less than 1/3 acre and 1501inear feet of impact, no mitigation required
Total Buffer Impact. for Project: 2,453 square feet.
The project shall be constructed in accordance with your application dated received April 16, 2008. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3704. This certification corresponds to the Nationwide Pemut 14 issued by the Corps of Engineers. This approval
is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B.0259). 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 certification replaces the one issued on February 11, 2005.
N~oQne~Carolina
Transportation Permitting Unit ~'t!lCally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Sufte 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]nternet: http:!/h2o.enr.state.nc.us/ncwetlands
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`Q~OF 9QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C/,? ~. Coleen Sullins, Director
~_ ~ Division of Water Quality
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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 150 linear feet, compensatory mitigation maybe 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. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert
diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life.
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. 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.
2. 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.
3. For any streams being impacted due to site dewatering activties, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
4. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
5. 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.
6. Pursuant to NCACISA 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Tar-Pamlico 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.
7. 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.
8. 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.
9. 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.
NQ,;thCarolina
Transportation Permitting Unit atura!!t~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] I FAX [phone] Internet: htto://h2o.enr.state.nc.uslncwetlands
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~O~ N1AT~9 William G. Ross Jr., Secretary
QG North Carolina Department of Environment and Natural Resources
`Q ,y Coleen Sullins, Director
(q r-- Division of Water Quality
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10. The use of rip-rap above the Normal High Water Mark shall be mininuzed. 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.
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
12. 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.
13. 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.
14. 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.
15. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
17. The pernuttee 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 (inclu nditions are necessary to assuregcompliance~DWQumay reevaluate and modifylthislcertifigationated,
or that further co
18. 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.
19. 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.
20. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be 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.
21. The Perrnittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
22. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOn
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ
all work included in the 401 Certification has been completed.
23. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) must be reestablished within
the construction limits of the project by the end of the growing season following completion of construction.
Nose Carolina
~~llCU~~I,~
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] /Internet: htto~l/h2o enr state.nc.us/ncwetlands
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~~~ W ATER
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
e no excavation from, or waste disposal into,. jurisd esi or access roadsrto waste or borrow sitest bie
24. There shall b act from road
permit without appropriate modificatioe sa hooul~w g tion w~ll be required since that is a direct imp
located in wetlands or streams, comp Y
construction activities. overning
25. Erosion and sediment control practation and maint Hance of such Bes Mlanagement Pracri es in
the proper design, installation and oper
order to protect surface waters standards: erated, and
a. The erosion and sediment control mmosit recent veerson of the North Ca~olina Sedimeent and Erosion
maintained in accordance with the
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 Cont iol Manuj 1. The devices shall be maintained on al
'le s oil projects, including contractor-owned or leased
construction sites, borrow sites, and waste p ( P
its associated with the project. erated,
borrow p
c. For borrow pit sites, the erosion and he most re ~en version of the Norbth Carol'na~ Surface Mining
and maintained in accordance with t
Manual. lementation must comply with the reclamation in accordance with
d. The reclamation measures and imp
the requirements of the Sedimentation Pollution Control Act.
nd erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
26. Sediment a
this Certification.
You must
ou may ask for an adjudicatory hearing.
send a written petition that conforms
If you do not accept any of the conditions of this certification, y
6714 Mail Service
act within b0 days ofNorth CarolinarGeneralSt totes t the Off ce of Administrarive Hie lringsou ask for a
to Chapter 150B of th
Center, Raleigh, N.C. 27699• T~reviewiof the Division f Water Qu 1 Ty undebSection 401 of the Clean Water
hearing. This letter completes th
Act. If you have any questions, please contact Rob Ridings at [phone]
Sincerely,
r
Coleen Sullins,
Director
Attachments (General Certification and Certificate of Completion form)
cc: Chris Murray, Division 5 CnovironmEntga~O rsicRaleigh Field Office
Eric Alsmeyer, US Army rp
Travis Wilson, NC Wildlife Resources Commission
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htt :!(h2o.enr.state.nc.us/ncwetlands
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