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Home My WebLink About20001432 Ver 1_Approval Letter_20020410 State of North Carolina Department of Environment and Natural Resources DIVISion of Water Quality MIchael F Easley, Governor William GRoss, Jr , Secretary Gregory J Thorpe, Ph 0 , Acting Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ApnllO, 2002 Mr Wilham D Gilmore, P E, Manager Planning and EnvIronmental Branch North Carolina Department of TransportatIOn 1548 Mati ServIce Center RaleIgh, North Carohna, 27699-1548 Dear Mr Gtlmore Re 401 Water Quahty CertIficatIOn Pursuant to SectIon 401 of the Federal Clean Water Act, Proposed US 421-NC 87 Sanford Bypass from eXIstlllg US 421 northwest of Sanford to eXIsting NC 87 southeast of Sanford In Lee County (TIP R-2417) WQC Project No 001432 Attached hereto IS a copy of CertIficatIOn No 3378 Issued to The North Carolina Department of TransportatIOn dated Apnl9, 2002 You have our approval, III accordance WIth the attached condItIOns and those hsted below, to place fill matenal III 11 06 acres of JunsdlctlOnal wetlands, 23,640 linear feet of streams, and 6 32 acres of other surface waters (ponds) In addItIOn, 0 1 acre~ of temporary Impacts to JunsdlctlOnal wetlands at Secl10n BB SIte 2 are authonzed The project shall be constructed III accordance WIth your apphcatlOn dated June 11,2001, and the subsequent addendums dated June 22,2001, August 31, 2001, and September 28,2001 Any proposed sIte plans submitted In the June 11,2001 apphcatIOn that have a subsequent reVIsed sIte plan submItted III the June 22, 2001, August 31 2001, or September 28, 2001 addendums are not authonzed by thIS certIficatIon Instead for all Impacts where a proposed sIte deSIgn as proVIded In the ongmal June 11,2001 apphcatlOn was reVIsed and submItted In the the June 22, 2001, August 31, 2001, or September 28, 2001 addendums, the drawmgs wIth the latest date of reVISIOn are authonzed The purpose of the authonzed Impacts IS the constructIon of the US 421-NC 87 Sanford Bypass from eXIsting US 421 northwest of Sanford to eXIsting NC 87 southeast of Santord III Lee County (TIP R- 2417) If we can be of further aSSIstance, do not heSItate to contact us Smcerely, ). -' Wetlandsl401 Umt 1650 MatI ServIce Center Telephone 919-733-1786 An Equal Opp<'rtumty Affirmal1ve ACUOD Employer Raklgh, North Carolina 27699-1621 FAX 733-6893 50% recycledll 0% post consumer paper State of North Carolina Department of Environment and Natural Resources DIVISion of Water Quality Michael F Easley, Governor William GRoss, Jr , Secretary Gregory J Thorpe, Ph D , Acting Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES APPROVAL OF 401 Water Quahty CertIfication THIS CERTIFICA TION IS Issued m conformIty wIth the reqUIrements of SectIOn 401 Public Laws 92- 500 and 95-217 ot the UnIted States and subject to the North CarolIna D\V1slOn of Water QualIty (DWQ) RegulatIons m 15A NCAC 2H, SectIOn 0500, and 15A NCAC 2B 0233 You have our approval, In accordance wIth the attached conditIOns and those lIsted below, to place fill materIal In 11 06 acres of JUrIsdIctIOnal wetlands, 23,6...1-0 lInear feet of streams, and 6 32 acres of other surface waters (ponds) In addItIOn, 0 1 acres of temporary Impacts to junsdlctIonal wetlands at SectIon BB SIte 2 are authOrIzed The project shall be constructed m accordance WIth your appltcatlOn dated June 11,2001, and the subsequent addendums dated June 22. 2001, August 31, 2001, and September 28,2001 Any proposed sIte plans subrrutted m the June 1 L 2001 applIcatIon that have a subsequent reVIsed sIte plan submItted m the June 22, 2001, August 31, 2001, or September 28, 2001 addendurns are not authonzed by thIS certIficatIOn Instead, for all Impacts where a proposed sIte deSIgn as proVIded In the OrIgInal June 11, 2001 applIcatIOn was reVIsed and submitted m the the June 22,2001, August 31 2001, or September 28, 2001 addendums, the draWIngs WIth the latest date of revIsIon are authonzed The purpose of the authOrIzed Impacts IS the constructlOn of the US 421-NC 87 Sanford Bypass from eXIstmg US 421 northwest of Sanford to eXlstmg NC 87 southeast of Sanford m Lee County (TIP R-2417) The appltcatlOn prOVIdes adequate assurance that the dIscharges of fill matenal mto the waters of the Cape Fear RIver Basm In conjunctIon WIth the proposed development wIll not result m a vIOlatIOn of applIcable Water Qualtty Standards and dIscharge gUldelmes 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 m accordance WIth the applIcatIon and condItIons heremafter set forth ThIS approval IS only valid for the purpose and deSIgn that you subI11ltted m your applIcatIon, as descnbed m the PublIc NotIce Should your project change, you are reqUIred to notIfy the DWQ and submIt a new appltcatIon If the property IS sold the new owner must be gIVen a copy of thIS CertIficatIon and approval letter, and IS thereby responSible for complymg v,lth all the conditIons Any additional Impacts to wetlands, streams, or buffers for thIS project (now or m the future) WIll reqUIre addIttonal compensatory mItIgatIon may be reqUIred as descnbed m 15A NCAC 2H 0506 (h) (6) and (7), and 15A NCAC 2B 0233 For thIS approval to remam valId.. )OU are reqUIred to comply WIth all the condItIOns lIsted below In additIon, you should obtam all other federal state or local penmts before proceedmg WIth your project mcludmg (but not ltmlted to) SedIment and EroSIon control, Coastal Storm water, Non-dIscharge and Water Supply watershed regulatIOns Thl~ Certd'iC3t10n shall expIre three years from the date of the cover letter from DWQ or on the same day as the expIration date of the correspondmg Corps of Engmeers Permit, whIchever IS sooner Condltlon(s) of CertIfication 1 Appropnate sedIment and erosIOn control practIces whIch equal or exceed those outlIned m the most recent version of the "North CarolIna SedIment and ErOSIOn Control Plannmg and DeSign Manual" or the .1\'orth Caroltna Surface rvlmmg Manual" whIchever IS more appropnate (avaIlable from the D\V1slOn of Land Resources (DLR) m the DENR RegIOnal or Central Offices) shall be m full complIance WIth all speCIficatIOns governmg the proper deSIgn, mstallatIon and operation and mamtenance of such Best Management Practices m order to assure complIance With \ Wetlandsl401 UOIt 1650 Ma.1I ServIce Center Telephone 919-733-1786 An Equal OpponuRlty Affirmative Action Employer Raleigh, North Carolina 27699-1621 FAX 733-6893 50% recycledllO% post consumer paper State of North Carolina Department of Environment and Natural Resources DIVISion of Water Quality Michael F Easley, Governor Wilham GRoss, Jr, Secretary Gregory J Thorpe, Ph D I Acting Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES the appropnate turbidity water quahty standard (50 NTUs In all fresh water streams and rIvers not designated as trout waters, 25 NTUs In all lakes and reserVOirs, and all saltwater classes, and 10 NTUs In trout waters), 2 Sediment and erosion control measures shall not be placed In wetlands or waters to the maximum extent practicable If placement of sediment and erosIOn control deVices In wetlands and waters IS unavOidable, they shalI be removed and the natural grade restored after the DlVlslOn of Land Resources has released the project, 3 If an environmental document IS reqUired, thiS Certification IS not vahd untIl a FONSI or ROD IS Issued by the State Cleannghouse All water quahty-related condItIons of the FONSI or ROD shalI become conditions of thiS CertificatIon, 4 Measures shall be taken to prevent live or fresh concrete from coming Into contact With waters of the state untIl the concrete has hardened, 5 There shalI be no excavatlOn from or waste disposal Into junsdlctlonal wetlands or waters associated With tillS penrut Without appropnate modification of thIS permit Should waste or borrow sites be located In wetlands or stream, compensatory rrutlgatlon will be reqUired since It IS a direct Impact from road constructIon actIVItIes 6 All channel relocations Will be constructed In a dry work area, and stablhzed before stream flows are dIverted Channel relocatiOns will be completed and stablhzed pnor to dIverting water Into the new channel Whenever possible, channel relocations shall be allowed to stabilize for an entire growmg season Vegetation used for bank stabIlizatIOn shall be lImIted to native woody speCies, and should Include estabhshment of a 30 foot Wide wooded Jnd an adjacent 20 foot Wide vegetated buffer on both Sides of the relocated channel to the maxImum extent practical A transitional phase incorporating cOlr fiber and seedling establIshment IS allowable Also, rIp-rap may be alIowed If It IS necessary to maintain the phYSIcal Integnty of the stream, but the applicant must proVide wntten JustificatIOn and any calculatIOns used to determine the extent of np-rap coverage requested 7 Compensatory rrutlgatlOn for Impacts to streams shalI be done for 17,138 lInear feet of stream Impact (4545 hnear feet In HydrologiC Umt 03030003 and 12,593 hnear feet In HydrologIC Umt 03030004) at a replacement ratio of 1 1 Compensatory mitigation tor Impacts to junsdlctlOnal streams shalI be prOVided by onslte stream relocations of 144 linear feet of streams on site (In HydrologIC Umt 03030004) as descnbed In the June 11,2001 apph(.atlOn for Sites 14 and 22 In segment BA In addition, compensatory mitigatIOn for Impacts to jumdlctlOnal streams shalI be prOVided by onsIte stream relocations of 1930 hnear feet of streams on site (In HydrologiC Umt 03030004) as described In the September 28, 2001 addendum for Site 6 In segment BB AlI stream relocatiOns shalI have 50-foot wooded buffers planted on both Sides of the stream As- BUllts for the completed streams shall be submItted to the North CarolIna DIVtSIOn of Water QualIty 401 Wetlands Umt Within 30 days of the completIOn of the construction of the relocations If the parameters of thiS condition are not met, then the NCDOT shall supply addItional stream mitIgatIOn for the 2074 hnear feet of Impacts In .lddlllOn to the 2,074 hnear Wetlands/401 Umt 1650 Mad Service Center Telephone 919-733-1786 An Equal OpportuDlly AffinnatJve ActJon Employer RJlelgh. North Carohna 27699-1621 FAX 733-6893 50% recycled! I 0% pOSl consumer paper State of North Carolina Department of Environment and Natural Resources DIVISIon of Water Quality Michael F Easley, Governor Wilham GRoss, Jr , Secretary Gregory J Thorpe, Ph D , Acting Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Type of Replacement Acres of MItIgation MItIgatIon SIte Acres ofWL MItIgatIon RatIo Credited Debited from SIte Hydrologic VOlt 03030003 Sandy Creek 221 RestoratIOn 1 1 221 MltH!atlOn Site Blue MitigatIon 11 04 PreservatIOn 5 1 221 Site Hydrologic VOlt 0303000~ WRP 1770 RestoratIon 1 1 1770 Total 22.12 9 Upon completIOn of the project, the NCDOT shall complete and return the enclosed "CertificatIOn of CompletIOn Form" to notIfy DWQ when all work Included In the 40 I Certification has been completed The responsIble party shall complete the attached form and return It to the 40 1IWetlands Umt of the DIVISIon of Water QualIty upon completIOn of the project 10 Placement of culverts and other structures In waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatIc lIfe unless It can be shown to DWQ that provldmg passage would be ImpractIcal DeSIgn and placement of culverts and other structures Includmg temporary erosIon control measures shall not be conducted In a manner that may result In dls-eqUlhbnum of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures The apphcant IS required to prOVide eVidence that the eqUllIbnum shall be maIntamed If requested m wntmg by DWQ II When final deSIgn plans are completed for SectIons R-2417 AA, and R-2417 C, a modIficatIon to the 401 Water QualIty CertificatIon shall be subrrutted With seven copIes and fees to the NC DIVISion of Water QualIty Fmal deSIgns shall reflect all appropnate aVOIdance, mlmmlzatlOn, and mItlgatlon for Impacts to wetlands, streams, and other surface waters ConstructIOn actIVItIes that Impact any wetlands, streams, and other surface waters located m SectIOns R-2417 AA or SectIOns R-2417 C shall begm only after NCDOT applIes for and receives a modIfied 401Water Quahty CertIfication from the NC DIVISIon of Water QualIty 12 No constructIon actIVItIes are authonzed m SectIon R-2417 AA or SectIon R-2417 AB until a final deSIgn IS approved m wntmg by the NC DIVISIon of Water QualIty 401 Wetlands Umt for the Deaton MItIgation Site Wetlands/-WI Urnt ]650 MaIl Service Center Telephone 919-733-] 786 An Equal Opportunity Affirmauve Acoon Employer Raleigh, Nonh CarolIna 27699-]621 FAX 733-6893 50% recycledJ I 0% post consumer paper , ~ State of North Carolina Department of Environment and Natural Resources DIVISion of Water Quality Michael F Easley, Governor Wilham GRoss, Jr , Secretary Gregory J Thorpe, Ph D , Acting Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DWQ PrOject No : Applicant' Project Name, Date of Issuance of 401 Water QUalIty CertIficatIOn County: 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 401IWetlands Umt. North Carolina DIVIsIOn of Water QualIty, 1621 Mall ServIce Center, RaleIgh, NC, 27699-1621 ThIS form may be returned to DWQ by the applIcant, the applIcant's authonzed 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 wIthm substantial complIance and Intent of the 401 Water QualIty CertIficatIOn and Buffer Rules, the approved plans and specIficatIOns, and other supportIng matenals SIgnature Date Agent'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 wlthm substantIal complIance and Intent of the 401 Water QualIty CertIficatIOn and Buffer Rules, the approved plans and specIficatIOns, and other supportIng matenals SIgnature Date Engmeer's CertIficatIon PartIal Final I, , as a duly regIstered ProfessIonal EngIneer In the State of North CarolIna, haVing been authonzed to observe (penodlcally, weekly, full time) the constructIon of the proJect,for the Perrruttee 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 wlthm substantIal complIance and Intent of the 401 Water QualIty CertificatIOn and Buffer Rule.., the approved plans and speCIfications, and other supportIng matenals SIgnature RegIstratIOn No Date Wetlandsl401 Umt 1650 Mall Service Center Telephone 919-733-1786 An Equal OpportUDlty Affirmallve Acuon Employer RaleIgh, North Carolina 27699-1621 FAX 733-6893 50% recycledllO% post consumer paper