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