HomeMy WebLinkAbout20060041 Ver 2_Approval Letter_20071107O~OF W A T ~~QG
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November 7, 2007
Wayne County
DWQ Project No. 20060041 v.2
Bridge 296 on SR 1222
T1P# B-3538
RE-ISSSUANCE of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE 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 296 in Wayne County:
Stream Impacts in the Neuse River Basin
Site Permanent Fill in Perennial
Stream ac Temporary Fill in Perennial
Stream ac Total Stream Impact
ac
1 0.001 0.001 0.002
Total 0.001 0.001 0.002
Total Stream Impact for Project: 0.002 acres.
Neuse Ri arian Buffer Im acts
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 6,830 0 6,830 N/A 4,876 0 4,876 N/A
Totals 6,830 0 6,830 0 4,876. 0 4,876 0
* n/a =Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 11,706 square feet.
The project shall be constructed in accordance with your application dated received January 6, 2006, and re-issuance
request dated October 30, 2007. After reviewing your application, we have decided that these impacts are covered
by General Water Quality Certification Numbers 3632 and 3634. This certification corresponds to the Nationwide
Permit 23 and Nationwide Permit 33 issued by the Corps of Engineers. This approval is also valid for the Neuse
Riparian Buffer Rules (15A NCAC 2B.0233). 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 certification replaces the one issued February 17, 2006.
Noe Carolina
Transportation Permitting Unit ~tllCllt'~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:l/h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper
OF ~ A T~~ Michael F. Easley, Governor
William G. Ross Jr., Secretary
`OCR QG North Carolina Department of Environment and Natural Resources
Uj p, Coleen Sullins, Director
~ Division of Water Quality
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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 DWQ 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 1501inear feet, compensatory mitigation maybe required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification as well as those listed below.
Conditions of Certification:
1. 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.
2. In accordance with commitments made in your application and Categorical Exclusion document, the permittee
will need to adhere to all appropriate in-water work moratoriums (including the use of pile driving or vibration
techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and National
Marine Fisheries Service. No in-water work is permitted between February 15 and June 15 of any year, without
prior approval from the NC Division of Water Quality and the NC Wildlife Resources Commission. In addition, the
pernuttee shall conform with the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish
Passage (May 12, 1997) at all times.
3. 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.
4. Bridge deck drains should not discharge directly into the stream. Stormwater should 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.
5. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes.
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
6. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
7. 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.
8. Pursuant to NCACISA 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.
9. 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.
No °thCarolina
Transportation Permitting Unit ~atura!!r~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893 /Internet: http:llh2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
~ WATT, Michael F. Easley, Governor
Q fj William G. Ross Jr., Secretary
`QC~ QG North Carolina Department of Environment and Natural Resources
Uj ~ Coleen Sullins, Director
~ ~ Division of Water Quality
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10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
19. 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.
20. 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.
21. 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.
22. Native riparian vegetation must be reestablished 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 be located in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road construction activities.
24. 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.
N~o e~Carolina
Transportation Permitting Unit ~tl[Cll~~l,J
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://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmativeAaion Employer- 50% Recycled110% Post Consumer Paper
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
25. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
desi n, installation and operation and maintenance of such Best Management Practices in order to protect surface
g
waters standards: g erated, and
a. The erosion and sediment co h ~e cos rre enttverson of the North Carolina Sediment and Erosion
maintained in accordance wi
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, C ntrol MManual. s The ldevices shall be mmanntained on tall
North Carolina Sediment and Erosion oil ro ects, including contractor-owned or leased
construction sites, borrow sites, and waste pile (sp ) p j
borrow pits associated with the project. erated,
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, op
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclamation measures and impleme ollutio Control Act with the reclamation in accordance wit
the requirements of the Sedimentation P
26. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that maybe imposed b e buffegrules~st nrmwater management rules, soil erdosion andng
jurisdiction, including but not limited to apphcabl
sedimentation control requirements, etc.
27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
You must
of the conditions of this certification, you may ask for an adjudicatory hearing.
If you do not accept any send a written petition that conforms
6714 Mail Service
act within 60 days of the date that you receive this letter. To ask for a hearing,
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,
unless ou ask for a hearing.
Center, Raleigh, N•C•thereview of the Division Wate~Quality under Section 401 of the Clean Water Act. If you
This letter completes 733-9817.
have any questions, please contact Rob Ridings at (919)
Sin ely,
Coleen Sullins,
Director
Attachments (General Certification and Certificate of Completion form)
cc: Jamie Guerrero, Division 4 ECo uO of EnginOeers,eW ashington Field Office
William Wescott, US Army rp
Tyler Stanton, NCDOT PDEA
File Copy
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 919-733-689311ntemet: htt :/lh2o.enr.state.nc.us/ncwetlands
An Equal OpportunilylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
orth Carolina Depa~ment of Environment and Natural Re Di ector
N Coleen Sullins,
Division of Water Quality
County:
DWQ Project No.:
Applicant: ,_-
Project Name:
Date of Issuance of 401 Water Quality Certification:
ualit Certification or applicable Buffer Rules, and
aired to return this certificate to the 401 Transportation Permitting
Certificate of Completion
of all work approved within the 401 Water Q y h NC, 27699-1650. This form
Upon completion the applicant is req
uali 1650 Mail Service Centen~ or the project engineer. It is not
any subsequent modifications,
Unit North Carolina Division of W lica~, the applicant's authorized ag
may be returned to DW Q by the app
necessary to send certificates from all of these. due care and diligence
to the best of my abilities,
hereby state that,
uch that the construction was obi e aedr ed punt within substanha
Applicant's Certification lans and
I, Certification and Buffer Rules, t rr
was used in th d inters of the 401 Water Quality
compliance an matenals
specifications, and other suppoi~irig -Date:
Signature:
abilities, due care and di igenc
hereby state that, to the best of my
uch that the construction was obhe edr ed punt within substanha
Agent's Certification Tans and
I,
was used in t na bservation of the construction s
intent of the 401 Water Quality Certification and Buffer Rules, t r
compliance a orting matenals
specifications, and other supp -Date:
Signature:
Engineer's Certification istered Professional Engineer in the State of North
~_ Final as a duly reg ro ect,for the
Parhal full time) the construction of the p j
--- eriodically, weekly,
I ence was used chance and intent of the 401
Carolina, having been authorized to observe abilities, due care and dilig materials.
state that, to the best of my ecifications, and other supporting
ch that the construction was obshe ad to be built within substanha com
permittee hereby roved plans and sp
construction su
Water Quality Certification and Suffer Rules, t p Registration No•
Signature
Date
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
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