HomeMy WebLinkAbout20120756 Ver 1_Approval Letter_20120828IRE NR
Northi, Carolina Department of Environment and,Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E r Dee Freeman
Governor Director Secretary
August 28 2012
Guilford County
NCDWQ Project No 2012 0756
(SR 2795)
TIP B 4757
APPROVAL of 401 WATER QUALITY CERTIFICATION AND JORDAN BUFFER AUTHORIZATION
with ADDITIONAL CONDITIONS
Dr Greg Thorpe P E
NCDOTPDEA
1598 Mail Service Center
Raleigh NC 27699 1598
Dear Dr Thorpe
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
replacing Bridge No 175 on SR 2795 in Guilford County
Stream Impacts in the Cape Fear River Basin
Site
Permanent Fill in
Temporary Fill in
Permanent Fill in
Temporary Fill in
Total Stream
Stream
minus
Intermittent
Intermittent Stream
Perennial Stream
Perennial Stream
Impact
Impacts
Mitigation
Stream (linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
Requiring
(sq ft)
in Zone i
wetlands)
Required
(sq ft)
Mitigation
(not
I
(sq ft)
(sq ft)
linear ft
1
( (sq ft)
78
55
133
0
ratio )
78
55
133
0
Total
1
2187
0
2187
0
t
Total Stream Impact for Project 133 linear feet
Jordan Riparian Buffer Impacts
Site
Zone 1
MUMS
= Zone 1
Zone 1 Buffer
Zone 2 t
minus
= Zone 2
Zone 2 Buffer
Impact
Wetlands
Buffers (not
Mitigation
,'
Impact
Wetlands
Buffers
Mitigation
(sq ft)
in Zone i
wetlands)
Required
(sq ft)
in Zone 2
(not
Required (using
(sq ft)
(sq ft)
(using 3 1
( (sq ft)
wetlands)
15 1 ratio)
ratio )
(sq ft
1
2187
0
2187
0
t
0
0
0
0
Bride
2(Road
683
0
683
0
1343
0
1343
0
Crossing)
2870
0
2870
0
1343
0
1343
0
Totals
Total Buffer Impact for Project 4213 square feet
The project shall be constructed in accordance with your application dated received August 8 2012 with additional
information dated received electronically on August 23 2012 After reviewing your application we have `decided
that these impacts are covered by General Water Quality Certification Number 3883 This certification corresponds
Transportation and Permitting Unit lne hCarollna
1650 Mall Service Center Aaleigh North Carolina 276991617 lV
Location 512 N Salisbury St Raleigh North Carolina 27604 f /t+`!�/
Phone 919$ at
07.63001 FAX 919-807 -6492 i ,/
Internet. www newatemuahtv,om
An Equal Opportunity 1 Affirmative Action Employer
to the Nationwide Permit 3 issued by the Corps of Engineers This approval is also valid for the Jordan Riparian
Buffer Rules (15A NCAC 2B 0267) In addition you should acquire any other federal state or local permits before
you proceed with your protect including (but not lirmted to) Sediment and Erosion Control Non Discharge and
Water Supply Watershed regulations This approval will expire with the accompanying 404 perrmt
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 0268 For this approval to remain valid you must adhere to the conditions listed in the
attached certification(s) and any additional conditions listed below
Condition(s) of Certification
Project Specific Conditions
1 Post construction stormwater shall be designed and constructed as approved in the permit application If any
changes are made to the post construction stormwater design the Division of Water Quality shall be
contacted for approval of the changes
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
3 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 protect 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
4 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
5 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
General Conditions
6 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
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 floodplams and streams shall be restored to natural geomorphic conditions
9 The use of rip rap above the Normal High Water Mark shall be rruninuzed 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
10 The Pernuttee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
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 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise
authorized by this certification
16 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
17 The issuance of this certification does not exempt the Pernuttee from complying with any and all statutes
rules regulations or ordinances that may be imposed by other government agencies (1 a local state and
federal) having ,jurisdiction including but not limited to applicable buffer riles stormwater management
rules soil erosion and sedimentation control requirements etc
18 The Permuttee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery
19 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
20 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 adininnstrative
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 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 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 Euless at (336)771 -4959
Sincerely
�ZY Charles Wakild
Director
Attachments [General Certification(s) (permttee only) and Certificate of Completion form]
cc Jerry Parker Division 7 Environmental Officer (e copy only)
Andy Williams US Army Corps of Engineers Raleigh Field Office (e copy only)
Wetlands/ 410 Transportation Permitting Unit (e copy only)
File Copy
r
1
s
a
a
d
NCDWQ Project No
Applicant
Project Name
County
Date of Issuance of 401 Water Quality Certification
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
I
Applicant s Certification
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
Agent's Certification
Date
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
Engineer's Certification
Date
Partial Final
I as a duly registered Professional Engineer in the State of North
Carolina having been authorized to observe (periodically weekly full time) the construction of the protect for the
Permittee 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
Registration No
1