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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