HomeMy WebLinkAbout20090849 Ver 1_Approval Letter_20091002NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarv
October 2, 2009
Beaufort County
DWQ Project No. 20090849
Bridge 140 over Albemarle Canal
TIP B-4428
APPROVAL of 401 WATER QUALITY CERTIFICATION, and TAR-PAMLICO BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Dr. Gregory Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
N. C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 140 over Albemarle Canal on SR 1616 in Beaufort County: .
Stream and Buffer Impacts in the Tar-Pamlico River Basin
Site Stream Impacts
linear ft Buffer Zane 1
s uare ft Buffer Zone 2
(square [t
Bride 140 12 81428 488
Total 12 8,916
The project shall be constructed in accordance with your application dated received August 6, 2009. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Numbers 3689 and 3688. These certifications correspond to the Nationwide Permits 13and 33, respectively, issued
by the Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B
.0259). 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 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.
North Carolina Division of Water Quality Internet: wmem nco;nerqualit\.on_ One
943 Washington Square Mall Phone: 252-946-6481 NorthCarollina
Washington, NC 27889 FAX 252-946-9215 Naturally
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Page 2 of 5
1. 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.
2. 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, stotmwater management rules, soil
erosion and sedimentation control requirements, etc.
3. The permittee will need to adhere to all appropriate in-water work moratoriums (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the NC Division of
Marine Fisheries, the US Fish and Wildlife Service, and National Marine Fisheries Service.
4. 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.
5. 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.
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 Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
9. 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.
10. 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.
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 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.
14. 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.
15. 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.
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26. 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 1506 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) 948-3922.
S' cer I y?
for Coleen Su?in`s
Attachments (General Certification and Certificate of Completion form)
cc: Wilmington US Army Corp District Office
Jay Johnson, Division 2 Environmental Officer
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Stephen Lane, DCM, Morehead City
Sonia Gregory, DWQ, 401/Wetlands Unit
File Copy