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HomeMy WebLinkAbout20070366 Ver 1_Approval Letter_20071107O~O~ W AT ~9QG >_ --1 D ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality November 7, 2007 Nash County DWQ Project No. 20070366 v.2 Bridge 34 on SR 1004 TIP# B-3876 RE-ISSSUANCE of APPROVAL of 401 WATER QUALITY CERTIFICATION' and TAR-PAMLICO BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Dr. Gregory J. Thorpe, Ph.D. NCDOT Project Development and Environmental Analysis Branch 1598 Mail Service Center Raleigh, NC 27699 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 34 in Nash County: CtrPam Tmnartc in the Tar-Pamlico River. Basin Site Permanent Fill in Perennial Temporary Dewatering in Total Stream Impact Stream linear ft Perennial Stream linear ft linear ft 1 30 30 (concurrent) 109 79 (additional) Total 30 109 109 Total Stream Impact for Project: 109 linear feet. wetland Tmnacts in the Tar-Pamlico River Basin Site Fill ac Mechanized Clearin ac Total Wetland Im act ac 2 0.12 0.01 0.13 Total 0.12 0.01 0.13 Total Wetland Impact for Project: 0.13 acres. Tar_Pamlion Riparian Ruffer Impacts Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 Zone 2 Buffer Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation (sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using (sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio) s ft 1 2,723 0 2,723 N/A 1,382 0 1,382 N/A 2-Road 1,276 0 1,276 N/A 2,532 0 2,532 N/A 2- 2,743 0 2,743 0 0 0 0 0 Brid e Totals 6,742 0 6,742 0 3,914 0 3,914 0 * n/a =Total for Site is less than 1 /3 acre and 1501inear feet of impact, no rrntigation requireu Total Buffer Impact for Project: 10,656 square feet. None Carolina Transportation Permitting Unit " ' ""tura~~l~ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-689311ntemet: http~//h2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper ,, ' pF W A T~9 Q O~ ~~ r o ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality our a lication dated received March 5, o OOa' thca tonnwem The project shall be constructed in accordance with y pp uali Certification Numbers 3624 and 3627. This ceived March 12, 2007, and re-issuance requeGeneral WatereQ30, ty 07. After reviewing Y s ofEngineers. This re the Corp have decided that these lmpacts are covered y ou should certification corresponds to the Nationwide Permit 3 and General Permit 31 issued ym g • o Ri arian Buffer Rules (15A NCAC 2B.0259)cludmd (but not limited to) approval is also valid for the Tar Paml ermits before you proceed with your protect 1 Watershed regulations. This approval will expire acquire any other federal, state or local p Sediment and Erosion Control, Non-Discharge and Water Supp y e accompanying 404 permit. This certification replaces the one issued March 16, 2007.1fied below). with th our a lication (unless mo ose and design described in y pplication. If the property is sold, the This approval is valid solely for the pub the DWQ and submit a new app Should your project change, you must notify royal letter, and is thereby responsible for complying of this Certification and app exceed one acre, or of total new owner must be given a copy ation may be required as with all the conditions. If total wetland fielxceed11501inear feet compensatory mitlg ou must adhere to the impacts to streams (now or in the future6 and (7). For this approval to remain valid, y described in 15A NCAC 2H .0506 (h) ( ) conditions listed in the attached certification as well as those listed below. Conditions of Certification: NCDOT shall monitor veall mori torcthe ste for aaminimumtof thr e y ears 1. For the onsite wetland restoration site, DOT sh documentation and will submit an annual report to DWQ• or until the site is deemed successful. e onsite wetland restoration site, NCDOT will have 0.4 acres of wetland restoration assets left ` 2. Upon success of th ~ over from this project. - ce to the most recent version of NCDOT's B ndition of the 401r W ater Qual'ty Certifi ationion an 3. Strict adheren s of Engineers 1s a co Removal approved by the US Army Corp .. dischar e directly into the stream. Storrnwate ed °cour holese vegetat d buffers, = 4. Bridge deck drains should not r griate means (grassed swales, pre form e stream. Please refer to the most current version of Stormwater Best Management Practices. bridge and pre-treated through site-app p etc.) before entering th laced below the elevation ercent of the culvert - 5, Placement of culverts and other structur~ th a diameteregreater thane48nnches,land 20 p er and a uatic life. assa e of wat q of the streambed by one foot for all culverts diameter for culverts having a diameter less than 48 inches, to al~em log floe osion ontrol measures shall not be uilibrium of wetlands or streambeds or banks, adjacent to or Design and placement of culverts sat in dis gctures including p ry rovide evidence that the conducted in a manner that may r llcant is required to p b DWQ• If tlus condirion is unable to be met due to upstream and down stream of the above structures. The app ease contact the NC DWQ for guidance on equilibrium is being maintained if requested in venting o struction, p1 uired. bedrock or other limiting features encountered dun ermit modification will be req how to proceed and to determine whether or not a p laced in the streambed in a manner that precludes - 6. Riprap should not be placed in the active thalweg channel or p ro erl designed, sized and installed. a uatic life passage. Bioengineering boulders or structures should be p p y site shall be graded to its q 7. For the 1091inear feet of streams being impacted due to site dewatering activities, t e preconstructioneontours and revegetated with appropriate native species. lication, due to potential sedimentation concerns resulting 8. In accordance with commitments made in your app Noe of the bridges, where it is possible to do so, turbidity curtains will be used to minimrze from demohtl~n ~~ sedimentation in the stream. d -'u Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-689311nternet: htt :1/h2o.enrstate.nc~.us/ncwetla "dPost Consumer Paper ~., c~~ ial ~noortunitylAffirmative Action Employer - 50 /o Recycled110 /o Nl/~TE. Michael F. Easley, Governor ~ O q ~~' OG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources \ Cq ~ Coleen Sullins, Director ] ~ Division of Water Quality p '< 9. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. 10. 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 DOT 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. 11. Pursuant to NCAC 15A 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Tar-Pamlico Buffer without prior approval by the NCDWQ. At this time, the 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. 12. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 13. 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. 14. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 15. 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. 16. All work in 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. 17. 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. 18. 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. 19. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 21. The permittee and its authorized agents shall conduct its activities in 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 DWQ 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, DWQ may reevaluate and modify this certification. N~o e~Cazolina Transportation Permitting Unit d -'utllrQ~~l~ 1650 Mail Service Center, Ralegh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: htto:ilh2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmativeRction Employer - 50% Recycledl10% Post Consumer Paper p~o~ W A T ~~~G !t y ~ ~ ~,.,/W~../~ =i Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality 22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification.. 23. A copy of this Water Quality Certification shall be posted 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. 24. 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. 25. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. 26. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 27. 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 be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 28. 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. . 29. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 30. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that maybe 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. No°~` Carolina Transportation Permitting Unit `' ' ""tura~t'l~ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: htto~/Ih2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper O~ ~AT~,R Michael F. Easley, Governor William G. Ross Jr., Secretary `OCR QG North Carolina Department of Environment and Natural Resources ~ ~ Coleen Sullins, Director ~, ~ Division of Water Quality ~ =' 'C ,~> t.....~. 31. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing. 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) 733-9817. Sincerely, t~G ~~'yf,~d6 C:~~_... Coleen Sullins, Director Attachments (General Certification and Certificate of Completion form) cc: Jamie Guerrero, Division 4 Environmental Officer William Wescott, US Army Corps of Engineers, Washington Field Office Chris Manley, NCDOT PDEA Ecosystem Enhancement Program File Copy Noe Carolina Transportation Permitting Unit '' ""~uCQ~~I~ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet: http•/lh2o.enr.state.nc.uslncwetlands An Equal OpportunilylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ~ ' --i D ~ r.. DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Coleen Sullins, Director Division of Water Quality 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 maybe returned to DWQ 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: Date: Agent'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: Engineer's Certification Date: 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 Permttee 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 Date Registration No. N~o°ne~Carolina Transportation Permitting Unit ~tllCll~~l,/ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: http~//h2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper