Loading...
HomeMy WebLinkAbout20070402 Ver 1_Approval Letter_20070323r O~pF W ATF9QG ~ r o ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 23, 2007 Greene County DWQ Project No. 20070402 v.l Bridge #46 on SR 1091 TIP/State Project No. B-4125 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Dr. Gregory J. Thorpe, Director Planning and Environmental Branch North Carolina 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 #46 on SR 1091 in Greene County: Wetland Im acts in the Neuse River Basin Fill Fill Excavation Mechanized Hand Area under Total Site (ac) (tem acrary) (ac) Clearing (ac) Cleacing Bridge (ac) a n Im ct ac 1 0.01 0.02 0.03 2 0.02 0.03 0.05 Total 0.03 0.05 0.08 Total Wetland Impact for Project: 0.08 acres. Neuse River Riparian Buffer Impacts Zone 1 minus _ Buffers Zone 1 Buffer Zone 2 minus _ Buffers Zone 2 Buffer Site Impact Wetlands (not Mitigation Impact Wetlands (not Mitigation (sq ft) in Zone 1 Wetlands) Required (sq ft) in Zone 2 Wetlands) Required (sq ft) (sq ft) (using 3:1 ratio) (sq ft) (sq ft) (using 1.5:1 ratio 1 (Brid e) 1,088 127 961 N/A N/A 1 (Roadway 1,187 307 880 N/A N/A Total 2,275 434 1,841 N/A N/A * N/A =Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project: 2,275 square feet. The project shall be constructed in accordance with your application dated received March 12, 2007. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nao e~Carolina Transportation Permitting Unit ~tllrallr~ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet: htta://h2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper .r ~F W ATF9 ~O~ QG ~ r ~_ ~ ~ < Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Number 3627. This certification corresponds to the General Permit 31 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B .0233). 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. Condition(s) of Certification: 1. All stormwater runoff shall be directed as sheet flow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and re-vegetated. Maintained buffers shall be permanently re-vegetated with non-woody species by the end of the growing season following 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 DOT maintenance activities including mowing. The area with non- maintained buffers shall be permanently re-vegetated, with native woody species before the next growing season following completion of construction. 3. Pursuant to NCACISA 2B (.0233[6]), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse River Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 4. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. 5. 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. 6. Bridge deck drains should not discharge directly into the stream. Stormwater should 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. Please refer to the most current version of Stormwater Best Management Practices. 7. Turbidity curtains shall be used to isolate all work areas from the stream at Wheat Swamp Creek, including pile or casement installation, placement of riprap, excavation or filling. Strict adherence to the Construction and Maintenance Best Management Practices will be required. NO a CarOllna Transportation Permitting Unit ~tllCll~~j~ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper O~O~WAT~9pG r ~_ ~ O `C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 14. 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. 15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 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. 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. Upon completion of the project, 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. 19. 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 be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 1Vo Carolina Transportation Permitting Unit ~ ~"tura~~l/ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 l FAX 919-733-68931 Internet: htto://h2o.e n r.state. nc. us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ~~~ W a r~9O ~~ ~ ~? r ~_ ~ p '< Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 20. 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. 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 David Wainwright at (919) 715-3415. ince ly, L ~ Alan W. Klimek, P.E. Attachments (General Certification and Certificate of Completion form) cc: William Wescott, US Army Corps of Engineers, Washington Field Office Jay B. Johnson, Division 2 Environmental Officer Chris Militscher, Environmental Protection Agency Travis Wilson, NC Wildlife Resources Commission Gary Jordon, US Fish and Wildlife Service Garcy Ward, DWQ Washington Regional Office File Copy N~e CarOllna Transportation Permitting Unit `' ' --~uCQ~~I~ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: htta:!/h2o.enr.state.nc.ustncwetlands An Equal OpportunitylAffirmativeAaion Employer - 50% Recycled110% Post Consumer Paper