HomeMy WebLinkAbout20060367 Ver 4_Approval Letter_20080812
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C, g~G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Ci 7 Coleen Sullins, Director
> Division of Water Quality
August 12, 2008
Wake County
DWQ Project No. 20060367 ver. 4
SR 3015
TIP No. U-3344A
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Dr. Gregory J. Thorpe, Ph.D.
NCDOT Project Development & Environmental Analysis Branch
1548 Mail Service Center
Raleigh, NC 27699-1598
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following additional impacts for the
purpose of widening SR 3015 in Wake County:
New Stream Impacts in the Neuse River Basin
Site Permanent Fill in Perennial Stream linear ft Total Stream Impact linear ft
2 25 25
Total 25 25
Total New Stream Impact for Project: 25 linear feet.
New Neuse Riparian Buffer Imp acts
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
2 2320 0 2320 2367 0 2367
Totals 2320 0 2320 2367 0 2367
= New impacts added to old will now require mitigation at this site. See condition 1 below.
Total New Buffer Impact for Project: 4,687 square feet.
The project shall be constructed in accordance with your modification application dated received August 6, 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 Permit 14 issued by the Corps of
Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 213.0233). 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.
One
rthCarolina
No
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state,nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
IVII I:IIdGI I La~lcy, v..
0~ \NA7-p William G. Ross Jr., Secretary
j~ Q~ North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
co r 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 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. New Neuse buffer impacts for Site 2 added to previously approved impacts will now make buffer mitigation
required for this project. The new total Zone 1 impact of 11,542 square feet at a 3:1 ratio will require 34,626 square
feet of mitigation. The new total Zone 2 impact of 7,288 square feet at a 1.5:1 ratio will require 10,932 square feet
of mitigation. Thus the total Neuse buffer mitigation required for this project is now 45,558 square feet.
2. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers
through debit of the Jeffreys Warehouse Mitigation Site. Mitigation for unavoidable impacts to Neuse Riparian
Buffers shall be provided in the Neuse River Basin and done in accordance with 15A NCAC 213.0233. This
certification gives approval to the debiting of 45,558 square feet of riparian buffer mitigation from the Jeffreys
Warehouse Mitigation Site.
3. 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.
4. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
5. 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.
6. The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
7. 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.
8. 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.
9. 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.
Noce Carolina
- ~tura!!y
Transportation Permitting Unit
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: http•I/h2o enr state nc uslncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NIIcr1dvi F. r_O-Y,
WATT William G. Ross Jr., Secretary
~0 North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
p Division of Water Quality
1
10. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
11. All mechanized equipment operated near waters must be r ogrularly trope cted and maintained to prevent hydraulic contamination of stream waters from fuels, lubricants, other xi materials.
12. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
14. The r and its authorized gresulting from compliance with §303(d) of the Clean Water Act) and
such
quality standards s (including any nes
or federal awns being v olated,
standar any other appropriate requirements erof State an in a designat dlor law. If DWQ achieved use) or that Statthat
being met (including the failure to sustain may reevaluate and modify this certification.
DWQ Y
or that further conditions are necessary to assure compliance,
15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.. all
Engineer
times 16. A copy of this Water Quality Certificaflmodifcationsaif anye shall becmaintained with the DiInvaisdodit
Water Quality Certification and all subsequent
and the on-site project manager. dor
rove 17. The outside buffer, wetland or water bterboundary fencinprior to any and disturbing a cpviti sa Impacts to
authorization shall be clearly marked y visible
areas within the fencing are prohibited unless otherwise authorized by this certification.
e 40and 1 return ahe encl
haose b d n
18. Upon completion of the project, the NCDOT Division Engineer included cin th omplete
"Certification of Completion Form" to notify DWQ when all work
completed.
19. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of constructiol
20. There shall be no excavation from, or waste disposal into, jurisdictional
located in wetlands or ssoeamsd with this
permit without appropriate modification. Should waste or borrow sites
compensatory mitigation will be required since that is a direct impact from road construction activities. ith 21. The issuance of this certification does not exe hpher the
agencies (i eiu log state, and feder ) havinlgs,
regulations, or ordinances that maybe imposed by governmentg
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
22
discovery.
23. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
No Carolina
~turallr~
Transportation Permitting Unit
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 Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper
F W A T~ ivucnaei r. rzasiey, vuvei i ui
William G. Ross Jr., Secretary
`~North Carolina Department of Environment and Natural Resources
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~ Coleen Sullins, Director
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Division of Water Quality
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24. 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.
25. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored upon completion of the project.
26. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegated. 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.
27. Pursuant to NCAC15A 2B .023 3(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.
28. If multiple pipes or barrels are required, they should be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the
stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically
decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life
passage.
29. 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.
30. Riprap should 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.
No thCarolina
Transportation Permitting Unit d?H~uCa!'~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: http:l/h2o.enr.state.nc.usfncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Michael r. tasiey, vuvcii ul
WA William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
O G Coleen Sullins, Director
7 Division of Water Quality
1-
O 9 Y
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. Toask for a hearing, send a written petition that of Administrative Hear ngs, 6714 Mail Serv conforms
to Chapter 150B of the North Carolina General Statutes to the Office 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 (919) 733-9817.
Sincerely,
oleen ullins,
Director
Attachments (General Certification and Certificate of Completion form)
cc: Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
Deanna Riffey, NCDOT NEU
LeiLani Paugh, NCDOT NEU
File Copy
Noe Carolina
~turally
Transportation Permitting Unit
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: htti)://h2o.enr.state.nc.us/ cvvetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper