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HomeMy WebLinkAbout20110865 Ver 1_Approval Letter_20110930NcDEWR North Carolina Department of Environment and Natural Resources Division ofWater Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director . Secretary September 30;'2011' " - - • 'Beal fort County - DWQ Project No: 201-10865 Bridge) 9 overHuddys' Gut APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Jay Johnson North Carolina Department of Transportation P.O. Box 1587 Greenville, NC 27835 You have our approval; in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge No. 19 overHuddys'Gut on SR 1004 (Hickory Point Rd) in Beaufort County:` Dear Mr. Johnson: , - Wetland Impacts in the Tar-Pamlico River Basin - - The project shall be constructed in accordance with your application dated received September 21, 2011 and revised application pages received by. e-mail September,29, 201L After reviewing. your.application,.we.have decided that these impacts are covered by;Geneml Water Quality Certification Number 3687. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed withyour project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 40.4 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 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. Coastal Wetlands Site Number f s t Beaufort 19 `430 1. 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. 2. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. North Carolina Division or Watcr Quality Internet: wtgw_novalenitial ty,org 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 N nehCarolina Wura!!if An Equal Opportunity/AKrmaUve Action Employer - 50% Recycled/10% Post Consumer. Paper Page 2 of 4 3. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval. 4. 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. - . 5. 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: i ' - " 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. , , . 6. 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. 7. The use of rip-rap above the Normal High Water Mark shall be minimized. °Any rip=rapplaced for stream ' stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 8. 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. - - - - 9. 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'natmal geomorphic conditions. 10. 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: 11. 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. - 12. No rock, sand orother materials shall be dredged from the stream channel except where. authorized by this certification. 13. Discharging hydroseed mixtures and washing out hydroseeders and ether equipment in or adjacent to smEace waters is prohibited. Page 3 of 4 14. The outside buffer, wetland or water boundary located within the construction corridor approved by this certification 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. 15. Native riparian vegetation (ex. list 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. 16. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this certification 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. 17. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 18. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ. 19. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassedswales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 20. 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. 21. Upon completion of the project (including 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. 22. 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. 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 Garcy Ward at (252) 948-3921 f? Sincerely, / L ?to for ?oleea So ml' s Attachments (General Certification and Certificate of Completion form) cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office Stephen Lane, DCM, Morehead City Sonia Carrillo, NC DWQ 401/Wetlands Unit File Copy