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HomeMy WebLinkAbout20081706 Ver 1_Approval Letter_20081121W A T ?9QG Michael F Easley, Governor William G Ross Jr, Secretary North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality -= 7> November 21, 2008 Warren County DWQ Project No 20081706 Bridge 4 on US 401 TIP No B-4307 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Dr Gregory J Thorpe, Ph D , Environmental Management Director NCDOT Project Development and Environmental Analysis 1598 Mail Service Center Raleigh, NC 27699-1598 Dear Dr Thorpe, You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 4 in Warren County Wetland Imaacts in the Tar-Pamlico River Basin Site Permanent Fill ac Temporary Fill ac Total Wetland Impact ac 1 031 021 052 Total 0 31 0.21 0 52 Total Wetland Impact for Protect. 0.52 acres The project shall be constructed in accordance with your application dated received dated November 17, 2008 After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Numbers 3701 and 3688 This certification corresponds to the Nationwide Permits 23 and 33 issued by the Corps of Engineers In addition, you should acquire any other federal, state or local perrmts 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 complying with all the conditions If total wetland fills for this protect (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 1501mear 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 Conditions of Certification 1 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 One Transportation Permitting Unit Nature ally 1650 Mad Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard Suite 250, Raleigh, North Carolina 27604 Phone 919-733 17861 FAX 919-733-6893 If Internet http //h2o enr state nc uslncvvetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper F W A rF Michael F Easley, Governor 0 9pG William G Ross Jr, Secretary North Carolina Department of Environment and Natural Resources PLUal co r Coleen Sullins, Director Division of Water Quality 2 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc ) before entering the stream at nonerosive velocities Please refer to the most current version of Stormwater Best Management Practices 3 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 4 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 5 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 6 The use of rip-rap above the Normal High Water Mark shall be rmmmized 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 7 The Permittee shall ensure that the final design drawings adhere to the pemut and to the permit drawings submitted for approval 8 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 9 Heavy equipment shall be operated from the banks rather than in the stream channel in order to rmmmize sedimentation and reduce the introduction of other pollutants into the stream 10 All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contarnmation of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials 11 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification 12 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 13 The permtttee 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 14 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise authorized by this certification 15 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 No thCarohna Transportation Permitting Unit Naturally 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 htto //h2o enr state nc us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper F \ NA TF Michael F Easley, Governor ?O 9Q William G Ross Jr, Secretary ?O G North Carolina Department of Environment and Natural Resources co Coleen Sullins, Director l Division of Water Quality 16 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 17 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 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 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 19 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 20 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 21 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 22 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 23 Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project No thCarolina Transportation Permitting Unit Naturally 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/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper W A TF 0F R Michael F Easley, Governor QG William G Ross Jr, Secretary North Carolina Department of Environment and Natural Resources ?- Coleen Sullins, Director > Division of Water Quality - D 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 (919) 733-9817 Sincerely, ?$ 1 Coleen Sullins, Director Attachments (General Certification and Certificate of Completion form) cc Chris Murray, Division 5 Environmental Officer Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Travis Wilson, NC Wildlife Resources Commission Erica McLamb, NCDOT NEU File Copy N"oi` Carolina Transportation Permitting Unit Naturally 1650 Mad Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604 Phone 919-733-1786 / FAX 919-733-68931 Internet http //h2o enr state nc us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 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