HomeMy WebLinkAbout20120151 Ver 1_Approval Letter_20120214i
A&
Ap�p��pp
■ CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild P E
Governor D rector
Fehruary 14 2012
Franklin County
NCDWQ Project No 20120151
Bridge 35 on SR 1222
TIP No BD 51055
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR PAMLICO BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Mr J W Bowman P E Division Engineer
NCDOT Division 5
2612 North Duke Street
Durham NC 27704
Dear Mr Bowman
Dee Freeman
Secretary
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
replacing Bridge 35 in Franklin County
Ctream Imnartc in the Tar Pamhen River Basin
Site
Bank Stabilization to Perennial Stream (linear ft)
Total Stream Impact (linear ft
1
82
82
Total
82
82
Total Stream Impact for Project 82 linear feet
WPtlanrl Imnartc in the NPnce River RnQin
Site
Permanent Fill ac
Total Wetland Impact ac
1
001
001
Total
001
001
Total Wetland Impact for Project 0 01 acres
NPnep Rmarian Rnffer Imnnets
Site
Zone 1
minus
= Zone 1
Zone 1 Buffer
ENO
Zone 2
mmuv
= Zone 2
Zone 2 Buffer
Impact
Wetlands
Buffers (not
Mitigation
Impact
Wetlands
Buffers
Mitigation
(sq ft)
in Zone 1
wetlands)
Required
(sq ft)
in Zone 2
(not
Required (using
(sq ft)
(sq ft)
(using 3 1 ratio)
04
(sq ft)
wetlands)
1 5 1 ratio)
(sq ft
1
2158
0
2158
N/A
1370
0
1370
N/A
k
Totals
2158
0
2158
0
1370
0
1370
0
* n/a = Total for Site is less than 1/3 acre anct I JU linear teet of impact no mitigation requirea
Total Buffer Impact for Project 3528 square feet
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1650
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 -807 63001 FAX 919 807 6492
Internet www ncwaterguality oro
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
The nroject shall be constructed in accordance with your application dated received February 13 2012 After
reviewing your application we have decided that these impacts are covered by General Water Quality Certification
Number 3687 This certification corresponds to the Nationwide Permit 3 ►sued by the Corps of Engineers This
approval is also valid for the Tar Pamlico Riparian Buffer Rules (15A NCAC 2B 0250) 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
TFi appro al s al d o'ely for the purpose and des►gr described ►n yoar appl ca o- 'a-les�. Trod find bc'ow)
Should your project change you must notify the NCDWQ 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) Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B 0260(9) For this approval to remain valid you must adhere to the conditions listed
in the attached certification(s) and any additional conditions listed below
Conditions of Certification
I 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
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
entermg the stream Please refer to the most current version of Stormwater Bcst Management Practicev
3 Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage Bioengmeermg boulders or structures should be properly designed sized and installed
4 All Stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities unless
otherwise approved by this certification
5 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
6 Pursuant to 15A NCAC 213 0259(6) sediment and erosion control devices shall not be placed in Zone 1 of any
Tar Pamlico 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
7 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
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 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
I 1 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
12 All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures from
the most current version ofNCDOT Construction and Maintenance Activities manual such as sandbags rock berms
cofferdams and other diversion structures shall be used to prevent excavation in flowing water
13 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
4 Ali rlechanized equipment opera d near ,Lirfa�c vva crs r-u be cga'arly ir�pected and ma rtai-►cd o prevcrt
contamination of stream waters from fuels lubricants hydraulic fluids or other toxic materials
15 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
16 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
17 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 § -)03(d) of the Clean Wate► Act) and any other
appropriate requirements of State and Federal law If NCDWQ 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 NCDWQ may reevaluate and modify this certification
18 A copy of this Water Quality Certification shall be maintained 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
19 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
20 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 stormwater management rules soil erosion and
sedimentation control requirements etc
21 The Perm►ttee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
22 Upon completion of the project (including any impacts at associated borrow or waste sites) the NCDOT Division
Engineer shall complete and return the enclosed Certification of Completion Form to notify NCDWQ when all work
included in the 401 Certification has been completed
23 Native riparian vegetation (i a trees and shrubs native to your geographic region) must be reestablished in the
riparian areas within the construction limits of the project by the end of the growing season following completion of
construction
24 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
25 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification
26 Erosion and sediment control practices must be in full compliance with all specifications governing the prope►
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
rust be au,' ha they egaal o cxce,d 1, requi,em�,nt spec fied r the mop rccen version olt`i'.
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 wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing You may obtain the petition form from the office of Administrative hearings You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8 00am and 5 OOpm except
for official state holidays The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone (919) 7.)3 2698 Facsimile (919) 733 3478
A copy of the petition must also be served on DENR as follows
Ms Mary Penny Thompson General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
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 919 807 6403
Cc Chris Murray Division 5 Environmental Officer
Eric Alsmeyer US Army Corps of Engineers Raleigh Field Office
File Copy