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HomeMy WebLinkAbout20120957 Ver 1_Approval Letter_20121018 AWA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary October 18 2012 Warren County NCDWQ Project No 20120957 Bridge 12 on SR 1112 TIP No BD 5105X 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 You have our approval in accordance with the conditions listed below for the following impacts for the purpose of replacing Bridge 12 m Warren County Stream Impacts in the Tar Pamlico River Basin Site Riprap Stabilization to Perennial Stream(linear ft) Total Stream Impact (linear ft) 1 41 41 Total 41 41 Total Stream Impact for Project 41 linear feet Wetland Impacts in the Tar Pamlico River Basin Site Permanent Fill (ac) Temporary Fill (ac) Total Wetland Impact(ac) 1 0 03 0 14 0 17 Total 0 03 0 14 0 17 Total Wetland Impact for Project 0 17 acres Tar Pamlico Riparian Buffer Impacts Site Zone 1 minus =Zone 1 Zone 1 Buffer MI Zone 2 minus =Zone 2 Zone 2 Buffer Impact Wetlands Buffers(not Mitigation Impact Wetlands Buffers Mitigation (sq ft) in Zone 1 wetlands) Required d. (sq ft) in Zone 2 (not Required(using (sq ft) (sq ft) (using 3 1 ratio) it (sq ft) wetlands) 1 5 1 ratio) (sq ft) 1 2209 1258 951 N/A a 1954 1538 416 N/A Totals 2209 1258 951 0 1954 1538 416 0 *n/a=Total for Site is less than 1/3 acre and 150 lmear feet of impact no mitigation required P g q Total Buffer Impact for Project 4163 square feet Transportation and Permitting Unit One 1650 Mail Service Center Raleigh North Carolina 27699 1617 NorthCarollna Location 512 N Salisbury St Raleigh North Carolina 27604 Naturally Phone 919.807-63001 FAX 919-807 6492 Naturally Internet mw ncwateroualitv orq An Equal Opportunity\Affirmative Action Employer The project shall be constructed m accordance with your application dated received October 16 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 Tar Pamlico Riparian Buffer Rules(15A NCAC 2B 0259) 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 m 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 m the future)exceed 150 linear feet compensatory mitigation may be required as described m 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 m the attached certification and any additional conditions listed below Conditions of Certification 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 Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction methods More specifically jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first 4 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 5 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification 6 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities unless otherwise approved by this certification 7 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 8 Pursuant to 15A NCAC 2B 0259(6) sediment and erosion control devices shall not be placed m 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 9 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 madvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills 10 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 11 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 12 The use of rip rap above the Normal High Water Mark shall be minimized Any rip rap placed for stream stabilization shall be placed m stream channels in such a manner that it does not impede aquatic life passage 13 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 14 All work m or adjacent to stream waters shall be conducted m 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 15 Heavy equipment shall be operated from the banks rather than in the stream channel in order to mmimize sedimentation and reduce the introduction of other pollutants into the stream 16 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 17 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 18 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 19 The permittee and its authorized agents shall conduct its activities m a manner consistent with State water quality standards(including any requirements resulting from compliance with§303(d)of the Clean Water 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 20 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 21 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 Engmeer and the on site project manager 22 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 disturbmg activities Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification 23 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 24 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 25 Upon completion of the project(mcludmg 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 26 Native riparian vegetation(i e 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 27 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification 28 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 29 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 If you wish to contest any statement m 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 m 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 Admmistrative Hearings is Office of Administrative Hearings 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919)431 3000 Facsimile (919)431 3100 A copy of the petition must also be served on DENR as follows Mr William Cary General Counsel Department of Environment and Natural Resources 1601 Mail Service Center 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 Sincerely 8',-1 Charles Wakild Director Cc Chris Murray Division 5 Environmental Officer Eric Alsmeyer US Army Corps of Engineers Raleigh Field Office File Copy