20041684 Ver 3_Approval Letter_20090403

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Ccieen H. Sullins Dee Freeman
r;nvarnnr nira?.tnr Secretary
April 3, 2009
DWQ# 04-1684
Mecklenburg, Union and Anson Counties
Mr. Barry Moose, P.E.
North Carolina Department of Transportation, Division 10
716 West Main Street
Albemarle, North Carolina, 28001
SUBJECT: Approval of 401 Water Quality Certification with Additional Conditions for the Proposed
Pavement Rehabilitation of NC 218 from Mecklenburg County to US 74 in Polkton (Anson
County), TIP No. R-5114, Mecklenburg, Union and Anson Counties
Dear Mr. Moose:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact a total of 42 linear feet of streams and 55 square feet of buffer:
Stream Impacts
Site #1/ Unnamed Tributary to Intermittent 22 If (12 If for culvert
Station 42+52 Duck Creek extension, 10 If for rock
ladder construction)
Site #2/ Unnamed Tributary to Intermittent 41f for culvert extension
ion 117+82 Richardson Creek
Site #3/ Unnamed Tributary to
Station 131+65 Richardson Creek Perennial 12 If for culvert
extension
Site #4/ Unnamed Tributary to
Station 483+33 Rock Branch Intermittent 4 If for culvert extension
Mooresville Regional Once
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: vvvnv.navateiqua1mr.org
An Equal Opportunity 1 ARrmalive Action Employer -50% Recycled00;6 Post Consumer paper
NorthCarolina
Naturally
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i Mr. Barry Moose, P.E.
Page Two
Riparian Buffer Impacts
Station No Stream Name Buffer Width Required Impact Total Mitigation
on Stream per Buffer : (acreage in square Required
Rules feet)
Station Unnamed tributary 100 feet 55 square feet for None
296+25 to Goose Creek grassed swale
The above impacts reflect those described in your application received by the Division of Water Quality (DWQ)
on March 26, 2009. After reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 3704. Please note that you should get any other federal, state or local
permits before proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This approval will expire with the
associated 404 permit unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design that you described in your application (unless modified
below). Should your project change, you must notify the DWQ in writing and you may be required to 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 conditions. If total wetland fills for this project (now or in
the future) exceed one acre, or if 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 approva
to remain valid, you must adhere to the conditions listed in the attached certification and those listed below:
Placement of culverts and other structures in waters, streams and wetlands must be below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 49 inches, and 20 percent of the
culvert diameter for culverts having a diameter less than 48 inches, to allow for low flow passage of water anc
aquatic life, as well as to prevent headcutting of the stream. The design and placement of culverts and other
structures, including temporary erosion control measures, shall be installed in such a manner that the original
stream profiles are not altered (i.e., the depth of the channel must not be reduced by a widening of the
streambed). Existing stream dimensions (including pattern and profile) are to be maintained above and
below each culvert. The applicant may be required to provide evidence that the equilibrium has been
maintained, if requested in writing by the DWQ.
DWQ will not require the burial of the culvert at Permit Site #1, Station 42+52. The culvert is currently
perched, therefore the extension will remain perched. However, DWQ will require the construction of a rock
ladder at the outlet of the culvert as depicted in the application. The rock ladder shall be installed in such a
manner that the original stream profiles are not altered (i.e., the depth of the channel must not be reduced by
a widening of the streambed). DWQ will require the presence of the NCDOT Division Environmental
Officer or Environmental Specialist to be present during the construction of the rock ladder.
3. The grass swale, which is being constructed in the riparian buffer at Station 296+25, shall be stabilized
immediately after construction. Stabilization shall consist of seeding and matting as indicated in the
application.
4. All riparian buffers impacted by the placement of erosion control measures, temporary fill or clearing activities
shall be restored to the preconstruction contours and revegetated.
Mr. Barry Moose, P.E.
Page Three
Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing
season following the 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 NCDOT maintenance
activities, including mowing. The area with non-maintained buffers shall be permanently revegetated with
native woody species before the next growing season following the completion of construction.
5. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification.
6. The permittee shall use Design Standards in Sensitive Watersheds [15A NCAC 4B.0124(a)-(e)] for all
portions of the proposed project draining to the Goose Creek watershed. 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.
7. The use of riprap above the normal high water mark shall be minimized. Any riprap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage.
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize
sedimentation and reduce the introduction of other pollutants into the stream.
9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
10. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic
conditions can be provided.
11. 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.
12. 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 the 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.
13. 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.
14. 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.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
Mr. Barry Moose, P.E.
Page Four
16. A copy of this Water Quality Certification shall be posted 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. Native riparian vegetation must be re-established within the construction limits of the project by the end of the
growing season following completion of construction.
18. 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 with the fencing are prohibited unless otherwise authorized by this Certification.
19. The Permittee shall report any violations of this Certification to the Division of Water Quality within 24 hours
of discovery.
20. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practical. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within 30 days after the Division of Land Resources has
released the project.
21. 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.
22. The North Carolina Department of Transportation (NCDOT) and its contractors and/or agents shall not
excavate, fill or perform mechanized land clearing at any time in the construction or maintenance of this
project within waters and/or wetlands, except as authorized by this Certification, or any modification to this
Certification (e.g., no work shall occur outside of the footprint of the plans provided). In addition, there shall
be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
Certification without appropriate modification. If this occurs, compensatory mitigation may be required since it
is a direct impact from road construction activities.
23. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certificate of Completion" form to notify DWQ when all work included in the 401 Certification has been
completed. Please include photographs upstream and downstream of the structure to document correct
installation.
Mr. Barry Moose, P.E.
Page Five
24. Continuing Compliance. NCDOT shall conduct its activities in a manner so as not to contravene any state
water quality standard [including any requirements.for compliance with section 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 to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify
NCDOT and the USACE, provide public notice in accordance with 15A NCAC 2H.0503, and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall
be provided to NCDOT in writing, shall be provided to the USACE for reference in any permit issued pursuant
to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
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. 27699-6714. This Certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663-
1699.
Sincerely,
I /)- V
forColeen H. Sullins
Attachments
cc: Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
File Copy