HomeMy WebLinkAbout20081137 Ver 1_Approval Letter_20080804
O~ W A r- Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
_y Coleen Sullins, Director
> Division of Water Quality
p Y
August 4, 2008
Wake County
DWQ Project No. 20081137
Bridge 359 on SR 1163
TIP No. B-4991
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 359 in Wake County:
Stream Impacts in the Cape Fear River Basin
Sites Permanent Fill in Perennial Temporary Fill in Perennial Total Stream Impact
Stream linear ft Stream linear ft linear ft
S 1 / S2 48 0 48
S3/S4 0 58 58
Total 48 58 106
Total Stream Impact for Project: 106 linear feet.
Wetland Impact s in the Cape Fear River Basin
Sites Fill (ac) Temporary Mechanized Clearing (ac) Total Wetland Impact (ac)
Excavation ac
WI /W2 0.24 0 0 0.24
W3/W4 0 0.15 0 0.15
W5, W6, 0 0 0.18 0.18
W7, W8
Total 0.24 0.15 0.18 0.57
Total Wetland Impact for Project: 0.57 acres.
The project shall be constructed in accordance with your application dated received July 29, 2008. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Numbers
3687, 3689, and 3699. This certification corresponds to the Nationwide Permits 3, 13, and 12 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 accompanying 404 permit.
One
ithCarolina
Np
Transportation Permitting Unit Naturally
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://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Michael F. Easley, Governor
~QF WATL- William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~i Coleen Sullins, Director
Division of Water Quality
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Wit"
This approval is valid solely for the purpose and design described in your application applicat on. (If thesp opelfrty a sscold, the
Should your project change, you must notify the DWQ and submit a new
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 must be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, y to the
conditions listed in the attached certification as well as those listed below.
Conditions of Certification:
1. 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.
et bridge
2. Bridge deck drains shall not discharge directly into the streams Stormwater
scour shall esdirect d across
buffersthe
pre-formed
) and pre-treated through site-appropriate means (grassed swales,
before entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
3. 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.
4. Riprap shall 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.
5. For any streams being impacted due to site dewatering activties, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
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
floodplains and streams shall be restored to natural geomorphic conditions.
1 9. The use of rip-rap above the Normal High in such a manner it does not impede aquatic 1 fe passage.
stabilization shall be placed in stream
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 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.
%a 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.
Noe Carolina
tura!!y
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 919-733-68931 Internet: http7//h2o,enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Michael F. Easley, governor
W A ~FWilliam G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Awl
Coleen Sullins, Director
r Division of Water Quality
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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 perrnittee 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.
17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
18. A copy of this Water Quality Certification shall be maintained on site at 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.
19. 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.
20. 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.
21. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
22. Upon completion of the project (including any impacts at associated borrow or waste site), 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.
23. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) must be reestablished within
the construction limits of the project by the end of the growing season following completion of construction.
24. 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.
25. Where placement of sediment and erosion control devices in wetlands is unavoidable, they shall be removed
and the natural grade restored upon completion of the project.
Noe Carolina
~tura!!~ -
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 919-733-6893 / Internet: http•//h2o enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Michael F. Easley, Governor
ATF William G. Ross Jr., Secretary
• ~O RQ North Carolina Department of Environment and Natural Resources
y Coleen Sullins, Director
Division of Water Quality
j -1
o ~ liance
with 26. Erosion and sediment control practices must be in compof such Bestl lment Manage Pra~ticesltn
the proper design, installation and operation and ma
order to protect surface waters standards: designe
instal
ed, operate a. The erosion and sediment control measures cf the
of the North Carole a Sedilment and Ed,osioand
maintained in accordance with the most rent version
Control Planning and Design Manual. control
measures b. The design, installation, operation, and exceed, maintenance of the sedimet and
requirements spec fi d en the mostlrr cent version of the
must be such that they equal, , o or tained North Carolina Sediment and Erosion t Control Manual. euiclud ng contractor-owned or leased
construction sites, borrow sites, and waste pile (spoil) projects,
borrow pits associated with the project. operated,
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 Minting
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must hearing
conforms
written act within 60 days of the date that you receive this letter. To ask for
Statutes to the Offc e of Adininistrat v Hearingsition 6714 that Mail Service
you
to Chapter 150B of the North Carolina General unless
sk for Center, Raleigh, N.C. 27699. This certi of the Div sits conditions are ion of W ter Qu 1 ty lunder Sind ection 401 of theaClean Water
hearing. This letter completes the review
contact Rob Ridings at (919) 733-9817
Act. If you have any questions, p
Sincerely,
l
oleen Sullins,
Director
Attachments (General Certification and Certificate of Completion form)
cc: Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
File Copy
One
N Carolina
,tturall~
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 919-733-6893 / Internet: htt ://h2o.enr.state.nc.us/ncvvetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper