Loading...
HomeMy WebLinkAbout20130052 Ver 1_Approval Letter_20130221w NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Waklld, P. E. John E. Skvarla, III Governor Director Secretary February 21, 2013 Guilford County NCDWQ Project No. 20130052 (Bridgel20) SR 2128 TIP No. B-4756 APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Dr. Greg Thorpe, P.E. NCDOT PDEA 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. 120 on SR 2128 (Bunch Road) in Guilford County: Wetland Impacts in the Cape Fear River Basin Site Fill Fill Excavation Mechanized Hand Clearing 1 Area under Total Wetland = Zone 2 (ac) (temporary) (ac) Clearing (ac) (ac) Bridge Impact (ac) Impact Wetlands ac Mitigation t (sq ac wetlands) 1 0.03 (sq ft) in Zone 2 (not Required (using 0.03 Zone 1 0.03 (using 3:1 ratio) (sq ft) wetlands) 0.03 Total (sq ft ) I Total Wetland Impact for Project: 0.03 acres. Jordan Riparian Buffer Impacts Site Zone 1 minus = Zone 1 Zone 1 Buffer IM Zone 2 minus = Zone 2 Zone 2 Buffer Impac Wetland Buffers (not Mitigation Impact Wetlands Buffers Mitigation t (sq s,in wetlands) Required (sq ft) in Zone 2 (not Required (using ft) Zone 1 (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio) (sq ft ) I (sq ft 1 (Bridge) 2321 2321 0 594 1 594 0 1 0 0 0 1410 112 1298 0 Roadwa 2321 2321 0 2004 112 1892 0 Totals Total Buffer Impact for Project: 4213 square feet. The project shall be constructed in accordance with your application dated received January 22, 2013 with additional information dated received February 18, 2013. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3891, This certification corresponds to the Nationwide 23 issued by the Corps of Engineers. This approval is also valid for the Jordan Lake Riparian Buffer Transportation and Permitting Unit One 1650 Mail Service Center; Ratelgh, North Carolina 27699 -1617 NoirthCarolina Location: 512 N. Salisbury St. Raleigh, North Carolina 27604���yr�//� Phone: 919807 -63001 FAX: 919 -807 -6492 (((/// 11� ` `1• Internet: w wv.nowatemuslitv.om An Equal Opportunity l Affirmative Action Employer Rules (15A NCAC 2B .0267). 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 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 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 as approved with revised Stormwater Management Plan dated received on February 18, 2013. If any changes are made to the post - construction stormwater design, the Division of Water Quality shall be contacted for approval of the changes. 2. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless . otherwise approved by this certification. 3. 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. 4. 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 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. 5. The post - construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. 6. 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. 7. 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. 8. 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. 9. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. General Conditions 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. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 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. 4. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 5. 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. 6. 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. - 7. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 8. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 9. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification.. 10. 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. 11. 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. 12. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 13. Upon completion of the project (including 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. 14. 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. 15. 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 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)- 431 -3000, Facsimile: (919)- 431 -3100 A copy of the petition must also be served on DENR as follows: Mr. Lacy Presnell, 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 Amy Euliss at (336) 771 -4959 or amy.euliss @ncdenr.gov. Sincerely, Charles Wakild Director cc: Amy James, NCDOT PDEA NES (electronic copy only) Jerry Parker, Division 7 Environmental Officer (electronic copy only) Andy Williams, US Army Corps of Engineers, Raleigh Field Office (electronic copy only) Wetlands/401 Transportation Permitting Unit (electronic copy only) File Copy CAM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary NCDWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: 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. 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 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 project 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 Registration No. Date Transportation and Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807.63001 FAX: 919 - 8076492 Internet: mixnmVernualitv.orn An Equal Opportunity 1 Affirmative Action Employer O No" t hCarolina Natminally