HomeMy WebLinkAbout20081741 Ver 1_Approval Letter_20081210O';z\OF WAT F9QG
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Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
December 10, 2008
Wake County
DWQ Project No 20081741
Little Drive & Louis Stephens
Road Extensions
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Elizabeth H Rooks
Research Triangle Foundation of North America
PO Box 12255
Research Triangle Park, NC 27709
Dear Ms Rooks
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
extending Little Drive and Louis Stephens Road in Wake County
Stream Impacts in the Cape Fear River Basin
Site Permanent Fill in Temporary Dewatering Total Stream Stream Impacts
Perennial Stream to Perennial Stream Impact Requiring Mitigation
linear ft linear ft) linear ft linear ft
2 255 45 300 255
Total 255 45 300 255
Total Stream Impact for Project. 300 linear feet.
Wetland Impacts in the Cape Fear River Basin
Site Permanent Fill ac Mechanized Clearing ac Total Wetland Impact (ac)
1 0 13 0 03 0 16
2 004 0 004
Total 0 17 0.03 0 20
Total Wetland Impact for Protect 0 20 acres
The project shall be constructed m accordance with your application dated received November 24, 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 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 150 linear feet, compensatory mitigation may be required as
described m 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
Nose Carohna
Transportation Permitting Unit Aturully
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 htto //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
F WAIF Michael F Easley, Governor
0 9QG WilliamG Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Cq r Coleen Sullins, Director
Division of Water Quality
0 Ti Ti? ? ,
Conditions of Certification.
1 Compensatory mitigation for 255 linear feet of impact to streams is required We understand that you have
chosen to use credits from the Mount Vernon Springs mitigation bank This certification confirms that credits will
be debited from the Mount Vernon Springs mitigation bank for 255 linear feet of impact to perennial stream
2 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
3 Bridge deck drains shall 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
4 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
5 If multiple pipes or barrels are required, they shall 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 mlet or outlet end of structures typically decreases
water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage
6 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
7 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
8 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
9 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
10 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
I 1 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
12 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
No rthCarohna
Transportation Permitting Unit Q?1lC'21;
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 htto //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50%a Recycled/10% Post Consumer Paper
W A" Michael F Easley, Governor
\O11?0 9QG William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
co r Coleen Sullins, Director
j _ Division of Water Quality
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13 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
14 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
15 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
16 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification
17 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
18 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
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 on-
site project manager
21 The outside 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 may be imposed by other government agencies (i a 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 project manager
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 (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
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
Transportabon Permitting Unit
1650 Mad Service Center, Raleigh, North Carolina 276991650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone 919-733-1786 / FAX 919-733-6893 / Internet http //h2o enr state nc us/ncvvetlands
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
W ATF Michael F Easley, Governor
O?O 9QG William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
\
? r Coleen Sullins, Director
> Division of Water Quality
27 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification
28 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
Conti of 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
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 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,
Coleen Sullins,
Director
Attachments (General Certification and Certificate of Completion form)
cc Jamie Shem, US Army Corps of Engineers, Raleigh Field Office
Nicole Thompson, Soil & Environmental Consultants
Kathy Matthews, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Ecosystem Enhancement Program
DWQ Raleigh Regional Office
File Copy
Noy` Carohna
Transportation Permitting Unit Xturally
1650 Mad Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone 919-733-1786 / FAX 919-733-68931 Internet http //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper