HomeMy WebLinkAbout20121028 Ver 1_Approval Letter_20121114 ATICVA
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
November 14 2012
Person County
NCDWQ Project No 20121028
Bridge 216 on SR 1100
State Project No 17BP 5 R 44
APPROVAL of 401 WATER QUALITY CERTIFICATION 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 216 m Person County
Stream Impacts in the Roanoke River Basin
Site Riprap Stabilization to Perennial Stream(linear ft) Total Stream Impact (linear ft)
1 74 74
Total 74 74
Total Stream Impact for Project 74 linear feet
The project shall be constructed in accordance with your application dated received November 7 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 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 accompanymg 404 permit
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 complymg
with all the conditions If total wetland fills for this project(now or m 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 m 15A NCAC 2H 0506(h)(6)and(7) For this approval to remain valid you must adhere to the
conditions listed m the attached certification(s)and any additional conditions listed below
Transportation and Permitting Unit One
1650 Mail Service Center Raleigh North Carolina 27699 1617 NorthCarolina
Location 512 N Salisbury St Raleigh North Carolina 27604 Natyiy+�`/
Phone 919-807-63001 FAX 919-807 6492 663366
Internet www ncwaterquality orq
An Equal Opportunity\Affirmative Action Employer
Conditions of Certification
1 For projects impacting waters classified by the NC Environmental Management Commission as High Quality
Waters(HQW) and Water Supply II(WSII) stormwater shall be directed to vegetated buffer areas grass lured
ditches or other means appropriate to the site for the purpose of pre treating storm water runoff prior to discharging
directly into streams Mowing of existing vegetated buffers is strongly discouraged
2 The permittee shall use Design Standards in Sensitive Watersheds [15A NCAC 4B 0124(a) (e)] in areas drammg
to WSII and HWQ waters Temporary cover(wheat millet or similar annual grain)or permanent herbaceous cover
shall be planted on all bare soil within 15 business days of ground disturbmg activities to provide erosion control
3 Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas
For the establishment of permanent herbaceous cover erosion control matting shall be used m conjunction with an
appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the
following exception Erosion control matting is not necessary if the area is contained by perimeter erosion control
devices such as silt fence temporary sediment ditches basins etc Matting should be secured m place with staples
stakes or wherever possible live stakes of native trees Erosion control matting placed m riparian areas shall not
contain a nylon mesh grid which can impinge and entrap small animals For the establishment of temporary
groundcover within riparian areas hydroseedmg along with wood or cellulose based hydro mulch applied from a
fertilizer and limestone free tank is allowable at the appropriate rate in conjunction with the erosion control
measures Discharging hydroseed mixtures and wood or cellulose mulch mto surface waters m prohibited
Riparian areas are defined as a distance 25 feet landward from top of stream bank
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 Bridge deck drains 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
6 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
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 minimized 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 Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
11 All work m 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
12 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
13 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
14 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
15 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
16 The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards(mcludmg 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 bemg
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
17 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
18 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
19 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
20 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
21 Upon completion of the project(mcludmg any impacts at associated borrow or waste sites) the NCDOT Division
Engineer(or whomever is the authorized agent if a non NCDOT project)shall complete and return the enclosed
Certification of Completion Form to notify NCDWQ when all work included in the 401 Certification has been
completed
22 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
23 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
24 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
25 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 obtam 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 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 Rob Ridmgs at 919 807 6403
Sincerely
`-/Zt,
Charles Wakild
Director
Cc Chris Murray Division 5 Environmental Officer
Eric Alsmeyer US Army Corps of Engineers Raleigh Field Office
File Copy