HomeMy WebLinkAbout20110927 Ver 1_Approval Letter_20111215�
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North Caralina Department of Environment and Natural Resaurces
llivision af Water Quality
Beverly Eaves Perdue Coleen H Sullms Dee Freeman
Governo� Director Secretary
Decembe� 15 2011
Craven County
DWQ Pro�ect No 20110927
Br�dge 208 over UT to Mills Branch
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSF BUFFER AUTHORIZATION
w�th ADDTTIONAL CONDITI�NS
Mr Jay Johnson
North Carolma Department of Transpo� tation
P O Box 1587
Greenv�lle NC 27835
Dcar Mr Johnson
You have our approval �n accordance w�th the condit�ons ltsted below for the followmg impacts for the purpose of
replacmg Bndge Number 208 over an unnamed tributary to M�ils Branch with an alummum arch p�pe on SR 1433
(Antioch Rd) m Craven County
Stream and Buffer [m �cts �n the Neuse Rrver Basm
S�te Number Buffer Zonel Buffer Zone2 Strcam Fdt Stream
F►(1 s ft F►11 s ft Imear ft Tem orar
I 1865 1205 ; � � g ��'
2 2020 1690 � '� ' � ��� a � ��` _
� ��� �,
� t �,�� ����� �� �
3 2935 1150 � � � � ��
4 2385 1530 � � �� �� � � � � � � �
Total 9 205 5 575 l25 24*
Net Total 14,780 149
Im acts
* temporary impacts due to de water�►�g act�vit�es
The pro�ect shall be constructed m accordance wrth your appl�cat�on dated rece�ved October 19 2011 After
rev�ewmg your apphcat�on we have decided that these �mpacts are covered by General Water Quality Cemfication
3820 This cert�fication corresponds to tlie Nationwide Permit t4 issued by the Corps of Engineers Th�s approval
is also val�d far the Neuse Ripar�an Buffei Rules (15A NCAC 2B 0233) In additton you should acqu�re any other
federal state or local permits before you proceed with youi pro�ect uiclud�ng (but not limited to) Sediment and
Erosion Control Non D�scharge and Water Supply Watershed regulations This approval w�ll �,xpire wrth the
accompany�ng 404 perm�t
Thts approval �s valid solely for the purpose and design described m,your apphcation (unless mod�fied below)
Should your pro�ect 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 th�s Certificat�on and approval letter and is thereby responsible for complying
witli all the conditions If total wetland fills for th�s proJect (now or m the future) exceed one a�re or of total
�►npacts to streams (now or m the future) exceed 1501mear feet compensatary mitigation may be requ�red as
desc,r�bed m 15A NCAC 2H 0506 (h) (6) and (7) For this approval to remam valid you must adhere to the
cond►t�ons listed �n the attached certification
North Carohna Drv�s�on of Watcr Quality I�temet www nc�vaterqualdv or� One
943 Washmgton Square Mall Phone 252 946 6481 N hCarolma
Washmgton NC 27889 } AX 252 946 9215 �atura!!r�
AnEqualOpportumtylAffirmaLveActionEmployer-50/ Recycledil0/ PostConsumerPaper
Page 2 of 5
1 The issuance of this certification does not exempt the Permittee from complymg with any and all statutes rules
regulations or ordmances that may be imposed by other government agencies (i e local state and federal)
havtng �urisdictton includmg but not ltm�ted to applicable buffer rules stormwater management rules soil
erosion and sed�mentation control requirements etc
2 The permittee and its authorized agents shall conduct its activities m a manner consistent with State water
qualtty standards (mcludmg any requirements resultmg from compliance wrth §303(d) of the Clean Water Act)
and any other appropr�ate requirements of State and Federal law If DWQ determmes that such standards or
laws are not bemg met (mcludmg the failure to sustain a des�gnated or achieved use) or that State or federal law
is bemg violated or that further conditions are necessary to assure compliance DWQ may reevaluate and
mod�fy th�s cert�ficat�on
3 The Permittee shall ensure that the final design drawmgs adhere to the certificat�on and to the drawmgs
submitted for approval
4 Unless otherwise approved tn th�s certification placement of culverts and other structures in open waters and
streams shall be placed below the elevation of the streambed by one foot for all culverts w�th a diameter greater
than 48 inches and 20 percent of the culvert diameter for culverts havmg a diameter less than 48 u►ches to
allow low flow passage of water and aquatic life Design and placement of culverts and other structures
mcludmg temporary erosion control measures shall not be conducted m a manner that may result m dis
equilibrium of wetlands or streambeds or banks ad�acent to or upstream and downstream of the above
structures The appl�cant �s required to provide evidence that the equilibrium is being mamtamed if requested in
writmg by NCDWQ If this condrtion is unable to be met due to bedrock or other l�m�tmg features encountered
durmg construction please contact NCDWQ for guidance on how to proceed and to determme whether or not a
permit modification w►11 be required
5 All work m or ad�acent to stream waters shall be conducted m a dry work area Approved BMP measures from
the most current version of NCDOT Construct�on and Mamtenance Activities manual such as sandbags rock
berms cofferdams and other divers�on structures shall be used to prevent excavat�on m flow�ng water
6 If concrete is used dur►ng construction a dry work area shall be mamtatned to prevent d�rect contact between
curmg concrete and stream water Water that madvertently contacts uncured concrete shall not be d�scharged 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 mmim�zed Any rip rap placed for stream
stabil�zation shall be placed m stream channels m such a manner that �t does not �mpede aquatic l�fe passage
8 Durmg the construction of the pro�ect no stagmg of equipment of any kmd �s perm�tted m waters of the U S or
protected npar�an buffers �
9 The dimension pattem and profile of the stream above and below the crossmg shall not be mod�fied
Disturbed floodplams and streams shali be restored to natural geomorphic condrttons
10 Heavy equ�pment shall be operated from the banks rather than m the stream channel m order to mmim�ze
sedimentation and reduce the mtroduction of other pollutants mto the stream
11 All mechamzed equipment operated near surface waters must be regularly mspected and mamtamed to prevent
contammation of stream waters from fuels lubr�cants hydraulic fluids or other tox�c materials
12 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
cert�iicahon
13 Dischargmg hydroseed m�xtures and washmg out hydroseeders and other equipment �n or ad�acent to surface
waters is prohib�ted
Page 3 of 5
14 Al( fill slopes located m �urisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise
authorized by this certification
I S The outside buffer wetland or water boundary located withm the construction corridor approved by this
certificarion shall be clearly marked by highly v�sible fencmg pr�or to any land disturb►ng activit�es Impacts to
areas w�thm the fencmg are prohibited unless otherwise authorized by this certification
16 Natrve nparian vegetation (ex I�st trees and shrubs native to your geographtc region) must be reestablished
withm the construction limits of the pro�ect by the end of the growmg season following complet�on of
construction
17 There shall be no excavation from or waste d�sposal mto �ur�sdictional wetlands or waters associated w�th this
certification w�thout appropriate modification Should waste or borrow srtes or access roads to waste or borrow
sites be located m wetlands or streams compensatory mit�gatton will be requ�red su►ce that is a direct impact
from road construct�on achvities
18 Erosion and sediment control pract�ces must be ui full compliance w�th all specificat�ons governing the proper
design mstallation and operation and mamtenance of such Best Management Practtces m order to protect
surface waters standards
a The eros�on and sediment control measures for the proJect must be designed mstalled operated and
mamtamed m accordance with the most recent version of the North Carol�na Sedrment and Eros�on
Control Plannrng and Design Manual
b The des�gn mstallation operation and mamtenance of the sed�ment and erosion control measures
must be such that they equal or exceed the requirements spec�fied m the most recent version of the
North Carol�na Sedrment and Eros�on Control Manual The dev�ces shall be matntamed on all
construction sites borrow s�tes and waste pile (spoil) pro�ects mcludmg contractor owned or leased
borrow pits assoctated with the pro�ect
c For borrow pit s�tes the eros�on and sediment control measures must be designed installed operated
and mamtamed m accordance with the most recent version of the North Carolina Surface M�rang
Manual
d The reclamation measures and implementatton must comply with the reclamation m accordance w�th
the requirements of the Sedimentation Pollution Control Act
19 Stnct adherence to the most recent version of NCDOT s Best Management Practices For Bridge Demolit�on and
Removal approved by the US Army Corps of Engmeers �s a condihon of the 401 Water Quality Cert�fication
20 R�prap shall not be placed m the actrve thalweg channel or placed m the streambed m a manner that precludes
aquatic life passage Bioengmeermg boulders or structures should be properly designed s�zed and mstalled
2l New roadside d�tches must be u► compliance with the mtrogen control and d�ffuse flow requ�rements outlmed ui
15A NCAC 2B 0233
22 Pursuant to NCAC I SA 2B 0233(6) sediment and erosion control dev�ces shall not be placed m Zone 1 of any
Neuse Buffer wtthout prior approval by the NCDWQ At this time the NCDWQ has approved no sed�ment and
erosion control devices m Zone 1 outs�de of the approved pro�ect impacts anywhere on this pro�ect Moreover
sediment and erosion control devices shall be allowed m Zone 2 of the buffers provided that Zone 1 is not
comprom�sed and that dtscharge ts released as diffuse flow
23 All riparian buffers impacted by the placement of temporary fill or clearmg activrties shall be restored to the
preconstruction contours and revegetated Mamtained buffers shall be permanently revegetated with non woody
species by the end of the growmg season follow�ng completion of construcrion For the purpose of this
condit►on maintamed buffer areas are defined as areas withm the transportation corridor that will be sub�ect to
regular DOT mamtenance activ�ties includmg mowmg The area with non mamta�ned buffers shall be
permanently revegetated with native woody species before the next growtng season follow►ng complet�on of
construct�on
Page 4 of 5
24 All stormwater runoff shall be d�rected as sheetflow through streain buffers at nonerosive velocities unless
otherwise approved by th�s certification
25 The Permittee shall report any violat�ons of this certificat�on to the Drvision of Water Quality withm 24 hours of
discovery
26 Upon completion of the pro�ect (mcludmg any �mpacts at associated borrow or waste site) the NCDOT
Div�sion Engmeer shall complete and return the enclosed Cert�ficat�on of Completion Form to norify DWQ
when all work mcluded m the 401 Cert�fication has been completed
27 A copy of this Water Qualrty Certification shall be mamta►ned on srte at the construchon srte at all times In
addition the Wate� Quality Certification and all subsequent modificat�ons if any shall be mamtamed with the
Drv�sion Engineer and the on s�te pio�ect manager
If you do not accept any of the condttions of thts cerhficat�on you may ask for an ad�udicatory heanng You must
act within 60 days of the date that you recerve this letter To ask for a hc,armg send a written petit�on that conforms
to Chapter 15�B of the North Carolrna Genetal Statutes to the Office of Admm�strallve Hearmgs 6714 Mail Serv�ce
Center Raleigh N C 27699 1 h�s certtfication and its condrtions are final and bmdmg unless you ask for a hearmg
Thrs letter completes the review of the D�v�sion of Water Quality under Section 401 of the Clean Water Act If you
have any questions please contact Garcy Ward at (252) 948 3922
Smcerely
� ��
for Coi en Sulims
Attachments (General Certification and Certificate of CompleUon form)
cc Tom Steffens US Army Corps of Engmeers Washmgton Field Office
Soma Carrillo DWQ 401/Wetlands Untt Raleigh NC
Filc Copy