HomeMy WebLinkAbout20111064 Ver 1_Approval Letter_20120117na Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E Dee Freeman
Governor Director Secretary
January 17 2012
Jones County
DWQ Protect No 20111064
Bridge 75 over Musselshell Creek
TIP BD 5102 I
APPROVAL of NEUSE RIVER BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS
Mr Jay Johnson
North Carolina Department of Transportation
P O Box 1587
Greenville NC 27835
Dear Mr Johnson
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of replacing Bridge
Number 75 over Musselshell Creek on SR 1319 (Henderson Rd) in Jones County
Buffer Im acts in the Neuse River Basin
The project shall be constructed in accordance with your application dated received December 7 2012 This Authorization is valid for
the Neuse Riparian Buffer Rules (15A NCAC 213 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 Authorization Certificate shall expire five (5) years from the date of this letter
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
approval letter and is thereby responsible for complying with all the conditions For this Authorization to remain valid you must
adhere to the conditions listed below
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
2 The Permittee shall report any violations of this approval to the Division of Water Quality within 24 hours of discovery
3 The Permittee shall ensure that the final design drawings adhere)to the certification and to the drawings submitted for approval
North Carolina Division of Water Quality Internet www.ncwaterqualitv.ore
943 Washington Square Mall Phone 252 946 6481
Washington, NC 27889 FAX 252 946 -9215
An Equal Opportunity/ AffinnatveAehon Employer — 50ARecydedl10/ Post Consumer Paper
One
N Carolina
turally
Buffer Zonel
Buffer Zone2
Site Number
Fill (sq ft
FiII (sq ft
Bridge 75
193
142
Net Total
335
Impacts
The project shall be constructed in accordance with your application dated received December 7 2012 This Authorization is valid for
the Neuse Riparian Buffer Rules (15A NCAC 213 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 Authorization Certificate shall expire five (5) years from the date of this letter
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
approval letter and is thereby responsible for complying with all the conditions For this Authorization to remain valid you must
adhere to the conditions listed below
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
2 The Permittee shall report any violations of this approval to the Division of Water Quality within 24 hours of discovery
3 The Permittee shall ensure that the final design drawings adhere)to the certification and to the drawings submitted for approval
North Carolina Division of Water Quality Internet www.ncwaterqualitv.ore
943 Washington Square Mall Phone 252 946 6481
Washington, NC 27889 FAX 252 946 -9215
An Equal Opportunity/ AffinnatveAehon Employer — 50ARecydedl10/ Post Consumer Paper
One
N Carolina
turally
Page 2 of 4
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 Authorization
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
a The erosion and sednnent 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 ]eased 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 rap placed 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 natural 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 or other materials shall be dredged from the stream channel except where authorized by this certification
13 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited
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 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities unless otherwise approved
by this certification
16 All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction
contours and revegetated Maintained buffers shall be permanently revegetated 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 NCDOT maintenance activities including mowing The area with
non maintained buffers shall be permanently revegetated with native woody species before the next growing season following
completion of construction
Page 3 of 4
17 Pursuant to 15A NCAC 2B 0233(6) sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer
without prior approval by NCDWQ At this time 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
18 New roadside ditches must be in compliance with the nitrogen control and diffuse flow requirements outlined in 15A NCAC 213
0233
19 Native riparian vegetation (ex list trees and shrubs native to your geographic region) must be reestablished within the
construction ]units of the project by the end of the growing season following completion of construction
20 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
21 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 Authorization
22 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
23 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this
certification
24 Bridge deck drams 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
Please refer to the most current version of Stormwater Best Management Practices
25 Riprap shall not be placed in the active thalweg channel or placed m the streambed in a manner that precludes aquatic life
passage Bioengmeering boulders or structures should be properly designed sized and installed
26 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 Authorization
has been completed
27 A copy of this Authorization shall be maintained on site at the construction site at all times In addition the Authorization 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 letter
completes the review of the `No Practical Alternatives determination under 15A NCAC 213 0233 This letter does not authorize any
impacts to either Waters of the United States or Waters of the State Please contact the US Army Corps of Engineers (USACE) or NC
Division of Water Quality (DWQ) if any impacts are proposed to either of these waters If you have any questions please telephone
Garcy Ward of the Washington Regional Office at 252 948 3922
Smcerel
for Chuck Waki
Attachments (Certificate of Completion form)
cc Tom Steffens US Army Corps of Engineers Washington Field Office
Sonia Carrillo DWQ 401/Wetlands Urnt Raleigh NC
File Copy