HomeMy WebLinkAbout20120447 Ver 1_Approval Letter_20120611Beverly Eaves Perdue
A W
NC® NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild
Dee Freeman
Governor Director Secretary
June 11 2012
Pitt Count
DWQ Project No 20120447
Bridge 28 over Fork Swamp
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE 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 28 over Fork Swamp on SR 1711 (Worthington Rd ) in Pitt County
Wetland Buffer and Stream Imp acts in the Neuse Basin
*impacts due to bridge pilmgs
The project shall be constructed in accordance with your application dated received May 4 2012 After reviewing your application
we have decided that these impacts are covered by General Water Quality Certification Number 3883 This certification corresponds
to the Nationwide Permit 3 issued by the Corps of Engineers This approval is also valid for the Neuse 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) Sediment and Erosion Control Non Discharge and Water Supply Watershed regulations This approval
will expire with the accompanying 404 permit
This approval is valid solely for the purpose and design described in your appheation (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
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 unpacts to streams (now or in the future) exceed 150 linear feet, compensatory
_ mitigation may be required m described in 15A NCAC 2H 0506 (h) (6) and (7) For this approval to remain valid you must adhere to
the conditions listed in the attached certification.
The issuance ofthis 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
North Carolina Division of Water Quality Intemet 4i w w ac" Itu n u it n} of -
943 Washington Square Mall Phone 252 946-6481
Washington NC 27889 FAX 252 946 -9215
An Equal Opportunity /Affiimadve Action Employer- 50°% Recyded/10% Past Consumer Paper
One
NorthCazohna
Naturally
Wetland Fill
Buffer Zone 1
Buffer Zone 2
Streams
Site Number
ac
(sa ft
ft
Fill ne
Bridge 28
0 097
4366
2727
<0 01
Net Total
0 097
7,093
<0 01*
*impacts due to bridge pilmgs
The project shall be constructed in accordance with your application dated received May 4 2012 After reviewing your application
we have decided that these impacts are covered by General Water Quality Certification Number 3883 This certification corresponds
to the Nationwide Permit 3 issued by the Corps of Engineers This approval is also valid for the Neuse 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) Sediment and Erosion Control Non Discharge and Water Supply Watershed regulations This approval
will expire with the accompanying 404 permit
This approval is valid solely for the purpose and design described in your appheation (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
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 unpacts to streams (now or in the future) exceed 150 linear feet, compensatory
_ mitigation may be required m described in 15A NCAC 2H 0506 (h) (6) and (7) For this approval to remain valid you must adhere to
the conditions listed in the attached certification.
The issuance ofthis 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
North Carolina Division of Water Quality Intemet 4i w w ac" Itu n u it n} of -
943 Washington Square Mall Phone 252 946-6481
Washington NC 27889 FAX 252 946 -9215
An Equal Opportunity /Affiimadve Action Employer- 50°% Recyded/10% Past Consumer Paper
One
NorthCazohna
Naturally
,I y 1
l 1 he permittee and its authorized agents shall conduct its activities in a manner consistent with btate water quatrty s+aa7_
(including any requirements resulting from compliance with §303(4) of the Lican water Act) ana any otner app -,
requirements of State and Federal law If DWO determines that such standards or laws are not beme met (inc.ludiri iii- f .
sustain a designated or achieved use) or that State or federal law is being violated or that further conditions are necessary to
assure compliance DWO may reevaluate and modify this certification
3 the Pennittee shall ensure that the final design dmwmgs adhere to the certification and to the drawings submitted for approvat
4 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
5 The use ofrip tali above the Normal High Water Mark shall be minimized Any rip-MP Placed for stream stabilization shall be
placed in stream channels in such a manner that it does not impede aquatic life passage
6 During the construction of the protect no staging of equipment of any kind is permitted in waters of the V S or protected
riparian buffers
7 The dimension pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodplarns and
streams shall be restored to natural geomorphic conditions
8 Heavy equipment shall be operated from the banks rather than in the stream channel in order to mimmize sedunentatiort and
reduce the introduction of other pollutants into the stream
9 All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of
stream waters from fuels lubricants hvdraulic fluids or other toxic materials
10 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 pro,ject must be designed, installed operated. and maintained in
accordance with the most recent version of the North Carolina Sediment a nd Erasion Control Planning and lies :gn
H/dn :�rrl
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 u1 the most recent version of the North Cwohna Sedimen! and Erosion
Control Manual The devices shall be maintained on all construction sites, borrow sites and waste vile (spoil) projects
including contractor -owned or leased borrow pits associated with the project
c For burrow 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 Minin-a Manual
it The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of
thr CPAimantAfinn AnRhHinn r nntrnl AM
11 No rock, sand or other materials shalt be dredged from the stream channel except where authorized by this certification
12 Discharging hvdroseed mixtures and washing out hvdroseeders and other sautoment in or adjacent to surface waters is prohibited
13 All fill slopes located tin jurisdictional wetlands shalt be placed at slopes no flatter than 3 1 unless otherwise authorized by this
rprhfjratinn
14 The outside butler wettand or water boundary located within the construction corridor approved by this certification shall be
clearly marked by higbly visible fencing prior to any laird disturbing activities impacts to areas within the fencing are prohibited
unless otherwise authorized by this certification
15 Native npmian vegetation (ex. list trees and shrubs native to your geographic region) must be reestablished within the
construction limits of the proiect by the end of the growing season following completion of construction
Page 3 of 4
16 There shall be no excavation from, or waste disposal into jurisdictional wetlands or waters associated with this cerbficatie
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
17 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
18 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shah construction methods More
specifically Jetting or other methods of pile driving are prohibited without prior written approval Horn NCDWQ
19 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this
certification
20 Bridge deck drams shall not discharge directly into the stream Stonnwater 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 Storinwater Best Management Practices
21 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosnve velocities unless otherwise approved
by this certification
22 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 ofthis condition maintained buffer arias are defined as arras
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 wrath native woody species before the next growing season following
completion of construction
23 Pursuant to I SA NCAC 2B 0233(6) sediment and erosion control devices shall not be placed in Zone I of anv Neuse Buffer
without prior approval by NCD WQ 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 ofthe buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow
24 The Peruuttee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery
25 Upon completion of the project (including any impacts at associated borrow or waste site) the NCDOT Division Engineer shall
complete and return the enclosed Cettnfication of Completion Form to nottfy DWQ when all work included in the 401
Certification has been completed.
26 A copy of this Water Quality Certification shall be maintained on sate at 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
if you do not accept any of the conditions of this certification you may ask for an adjudicatory hearing You must act withmi 60 days
of the date that you receive this letter To ask for a hearing send a written petition that conforms to Chapter I SOB ofthe North
Carolina General Statutes to the Oflrce of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 This certification
and its conditions are final and binding unless you ask for i# hearing This letter completes the review ofthe Division of Water Quality
under Section 401 ofthe Clean Water Act rfyou have any questions please conta parcy Ward at (252) 948 3922
"L
for f Chuck
Attachments (General Certification and Certificate ofComplehon form)
cc Tom Steffens US Army Corps of Engineers Washington Field Office
Sonia Carrillo DWQ 401 /Wetlands Unit
File Copy
vvyt4 riujttt iN.
Applicant
Protect Name
Dute of Issuance of 401 Water Qua,ity Certification
1-- r
Page 4 of 4
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 DWO by the applicant the
appliumt s authorized agent, or the proleLt engineer It is not necessary to send certificates from all of these
Applicant's Cerhficahon
I hereby state that, to the best of my abilities due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial, compliance and intent of the 401
Water quality Certification and Buffer Rules the approved plans and specifications and other supporting materials
Signature
Date
Agent's Certification
1 , hereby state that, to the best of my abilities due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials
Signature
Date
Engineer's Cerhficahon
Partial Final
1 , as a duly registered Professional Engineer tit the State of North Carolina, having
been authorized to observe {periodically weekly full time) the construction of the protect for the Permttttee hereby state that to the
best of my abilities due care and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent o €ilte 401 Water Quality CeM&II1tton and Buffer Rules the approved plans and
specifications, and other supporting materials
Signature Registration No
Date