HomeMy WebLinkAbout20090045 Ver 1_Approval Letter_20090116Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
January 16, 2009
Johnston County
DWQ Project No 20090045
SR 1350
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with
ADDITIONAL CONDITIONS
Mr RE Greene, P E , Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895
Dear Mr Greene
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
removing stream sediment under SR 1350 in Johnston County
Stream Impacts in the Neuse River Basin
Site Sediment Removal in Perennial Stream linear ft Total Stream Impact linear ft
1 35 35
Total 35 35
Total Stream Impact for Project. 35 linear feet.
Neuse 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 3 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) 15 1 ratio)
s ft
1
1 400 0 400 N/A 19 600 0 600 N/A
1 Totals 400 0 400 0 600 0 600 0
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Protect 1,000 square feet
The project shall be constructed m accordance with your application dated received January 13, 2009 After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3687 This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers This
approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B 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
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 complymg
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 lmear 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
NoilliCarohna
Transportation Permitting Unit Aatura!!y
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/ncwetlands
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Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
Conditions of Certification
1 The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum
extent practicable Efforts must be made to minimize impacts to the stream banks, as well as to vegetation
responsible for maintaining the stream bank stability Riparian buffer impact for access to stream channel should be
temporary and revegetated with native riparian species
2 Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage Bioengmeermg boulders or structures should be properly designed, sized and installed
3 Pursuant to NCAC 15A 2B 0233(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
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 Durmg the construction of the project, no staging of equipment of any kind is permitted in waters of the U S , or
protected riparian buffers
7 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
8 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
9 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
10 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
11 The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (mcluding 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
12 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
c Carolina
Transportation Permitting Unit 1VNfF1 ally
1650 Mad Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone 919-733-1786 / FAX 919-733-6893 / Internet http //h2o enr state nc us/ncvvetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
F WATF Beverly Eaves Perdue, Governor
\o?0 9pG Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
r Coleen Sullins, Director
> Division of Water Quality
13 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
14 The issuance of this certification does not exempt the Permittee from complymg 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
15 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
16 Upon completion of the project (mcludmg any impacts at associated borrow or waste site), 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
17 Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction
18 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
construction activities
19 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, mcludmg 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
20 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification
1Vo"e CaroLna
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone 919-733-17861 FAX 919 733-6893 / Internet http //h2o enr state nc us/ncvvetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
F WAIF Beverly Eaves Perdue, Governor
A0 0 pG Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
r Coleen Sullins, Director
> Division of Water Quality
If you do not accept any of the conditions of this certification, you may ask for an adludicatory 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) 791-8716
Sincerely,
9L/V?
Coleen Sullins,
Direcor
Attachments (General Certification and Certificate of Completion form)
cc Chad Coggms, Division 4 Environmental Officer
William Wescott, US Army Corps of Engineers, Washington Field Office
File Copy
None Carolina
Transportation Permitting Unit NturRliff
1650 Mad Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone 919-733-1786 / FAX 919-733-6893 / Internet httt //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper