HomeMy WebLinkAbout20120551 Ver 1_Approval Letter_20120606F\
► North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
June 6 2012
Orange County
NCDWQ Project No 2012 0551
(Bridge 135) SR 1516
State Project No WBS 45353 1 15
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 135 in Orange County
Neuse Rinnrinn Rnffer Tmnnete
Site
Zone 1
minus
= Zone 1
Zone 1 Buffer
Zone 2
minus
= 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)
s ft )
(sq ft
Bridge
771
0
771
n/a
91
0
91
n/a
771
0
771
n/a
91
0
91
n/a
Totals
1
* n/a = impacts are allowable and do not require mitigation
Total Buffer Impact for Project 862 square feet
The project shall be constructed in accordance with your application dated received June 5 2012 This approval is
valid for the Neuse River 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) Sednnent 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 protect 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 0242 For this approval to remain valid you must adhere to the conditions below
Condition(s) of Certification
Protect Specific Conditions
North Carolina Division of Water Quality Winston Salem Regional Office
Location 585 Waughtown St Winston Salem North Carolina 27107
Phone 336 7715000 1 FAX 336 771 -4630
Internet www ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarollrla
Natalrally
I �itnct 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 June 5
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 unpacted 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 0233 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
General Conditions
7 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
8 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
9 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
10 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
11 Heavy equipment shall be operated from the banks rather than in the stream channel in order to mimmize
sedimentation and reduce the introduction of other pollutants into the stream
12 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
13 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
14 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
15 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
16 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
17 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
18 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery
19 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
20 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
21 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
22 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
Admunstratrve Hearings accepts filings Monday through Friday between the hours of 8 00am and 5 00pm, 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 Admuustrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone (919) 733 2698 Facsinule (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
Cc Jerry Parker Division 7 Environmental Officer
Wetlands /401 Transportation Permitting Unit
'File Copy
NCDWQ Protect No
Applicant
Protect Name
Date of Issuance of 401 Water Quality Certification
County
Sincerely
wpc
Charles Wakild
Director
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules and
any subsequent modifications the applicant is required to return this certificate to the 401 Transportation Permitting
Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form
may be returned to NCDWQ by the applicant the applicant s authorized agent or the project engineer It is not
necessary to send certificates from all of these