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HomeMy WebLinkAbout20120359 Ver 1_Approval Letter_20120425A A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Governor Director April 25 2012 Guilford County NCDWQ Project No 2012 0359 (Bridge 23 1) SR 1005 B 5107E State Project No WBS 45353 3 6 APPROVAL of BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr Mike Mills P E Division Engineer NCDOT Division 7 1584 Yanceyville Street PO Box 14996 Greensboro NC 27415 4996 Dear Mr Mills Dee Freeman Secretary You have our approval in accordance with the conditions listed below for the following impacts for the purpose of replacing bridge no 231 in Guilford County Jordan Riparian Buffer Impacts Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 mmus = Zone 2 Zone 2 Buffer Impact Wetlan Buffers (not Mitigation Impact Wetlands Buffers Mitigation (sq ft) ds in wetlands) Required (sq ft) in Zone 2 (not Required (using Zone 1 (sq ft) (using 3 1 ratio) (sq ft) wetlands) 15 1 ratio) (sq ft s ft Grassed 0 0 0 n/a 70 0 70 n/a Swale Bride 1060 0 1060 n/a 325 0 325 n/a Driveway 1725 0 1725 n/a 1050 0 1050 n/a Pie 38 0 38 n/a 0 0 0 n/a 2823 0 2823 n/a 1445 0 1445 n/a Totals * n/a = impacts are allowable and do not require mitigation Total Buffer Impact for Project 4268 square feet The project shall be constructed in accordance with your application dated received April 11 2012 with additional information dated received April 24 2012 and April 25 2012 This approval is valid for the Jordan Lake Riparian Buffer Rules (15A NCAC 2B 0267) 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 expires five years from the date it was issued 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 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 1501mear 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 0268 For this approval to remain valid you must adhere to the conditions below North Carolina Division of Water Quality Winston -Salem Regional Office Location 585 Waughtown St Winston Salem North Carolina 27107 Phone 336 7715000 \ FAX 336 771 4630 Internet www ncwaterquality org An Equal Opportunity 1 Affirmative Action Employer NorthCarohna Aaturall'y Condition(s) of Certification Project Specific Conditions 1 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 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 3 No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters This water shall be captured treated and disposed of properly 4 Post construction stormwater shall be designed as approved in updated plan drawings dated received April 24 2012 If any changes are made to the post construction stormwater design the Division of Water Quality shall be contacted for approval of the changes 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 2B 0267 sediment and erosion control devices shall not be placed in Zone 1 of any Jordan 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 General Conditions 1 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 2 The dimension pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodplams and streams shall be restored to natural geomorphic conditions 3 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 4 All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags rock berms cofferdams and other diversion structures shall be used to prevent excavation in flowing water 5 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 6 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 7 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 8 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 9 A copy of this Water Quality Certification shall be maintained on the construction site at all tunes 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 10 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 11 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 12 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 13 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 14 Native riparian vegetation 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 15 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 16 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 17 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification 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) 733 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 Amy Euliss at (336) 771 4959 Sincerely Charles Wakild Director Cc Jerry Parker Division 7 Environmental Officer Wetlands /401 — Transportation Permitting Unit File Copy