20090394 Ver 1_Approval Letter_20090429

r?
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Dee Freeman
Secretary
April 29, 2009
Person County
NCDWQ Project No. 20090394
SR 1166
State Project No. DF12205.2073010
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. J.W. Bowman, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, INC 27704
Dear Mr. Bowman:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
pipe replacements on SR 1166 in Person County:
Stream Impacts in the Roanoke River Basin
Site Bank Stabilization to Perennial Stream linear ft Total Stream Impact linear ft
1 40 40
Total 40 40
Total Stream Impact for Project: 40 linear feet.
The project shall be constructed in accordance with your application dated received April 13, 2009. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Numbers
3687 and 3689. This certification corresponds to the Nationwide Permits 3 and 13 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 NCDWQ 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). Additional buffer impacts may require compensatory mitigation as described in For
this approval to remain valid, you must adhere to the conditions listed in the attached certification as well as those
listed below.
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: httptlfh2o.enr.state.nc.us/ncwetlandsl
One
NorthCarolina
naturally
An Equal Opportunity 1 Affirmative Action Employer
Conditions of Certification:
1. For projects impacting waters classified by the NC Environmental Management Commission as High Quality Waters
(HQW), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site
for the purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing
vegetated buffers is strongly discouraged.
2. The permittee shall use /Design Standards in Sensitive Watersheds/ [15A NCAC 413.0124(a)-(e)].
Temporary cover (wheat, millet, or similar annual grain) or permanent herbaceous cover should be planted
on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control.
Erosion control matting should be used in conjunction with appropriate seeding on disturbed soils in steep
slope and riparian areas. Steep slopes are defined as those slopes graded at an angle which cannot retain
vegetative cover. Matting shall be secured in place with staples or wherever possible, live stakes of native
trees. Straw mulch and tall fescue shall not be used in riparian areas.
3. 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.
4. For all streams being impacted due to site dewatering activties, the site shall be graded to its preconstruction contours
and revegetated with appropriate native species.
5. 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.
6. 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.
7. 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.
8. 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.
9. The Perm ttee shall ensure that the final design drawings adhere to the permit and to the pemut drawings submitted
for approval.
10. 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.
11. 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.
12. 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.
13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
15. 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 NCDWQ 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, NCDWQ may reevaluate and modify this certification.
i-/
( 16. A copy of this Water Quality Certification shall be maintained on 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.
17. 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.
18. 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.
19. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
20. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work
included in the 401 Certification has been completed.
21. 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.
22. 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.
23. 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.
24. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification.
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 [phone].
Sincerely,
Coleen H. Sullins
Director
Cc: Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
File Copy