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HomeMy WebLinkAbout20081182 Ver 1_Approval Letter_20080811 \ NA T~ Michael F. Easley, Governor O_ Q William G. Ross Jr., Secretary \Q~ I Q~ North Carolina Department of Environment and Natural Resources r Coleen Sullins, Director ] r- Division of Water Quality © e August 11, 2008 Franklin County DWQ Project No20081182 Bridge 151 on SR 1146 TIP No. B-4114 APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Dr. Gregory J. Thorpe, Ph.D., Environmental Management Director NCDOT Project Development and Environmental Analysis 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 151 in Franklin County: Stream Impacts in the Tar-Pamlico River Basin Site Bank Stabilization to Perennial Stream linear ft Total Stream Impact linear ft 1 10 10 Total 10 10 Total Stream Impact for Project: 10 linear feet. Wetland Impact s in the Tar-Pamlico River Basin Site Permanent Fill ac Temporary Fill ac Total Wetland Impact ac 1 0.1 0.1 0.1 Total 0.1 0.1 0.1 Total Wetland Impact for Project: 0.1 acres. Tar-Pamlico Riparian _ Buffer Imp acts Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer Impact Wetlands Buffers (not Mitigation t 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 Temp. 2197 0 2197 N/A 1576 0 1576 N/A Bride Bridge 1009 0 1009 N/A 0 0 0 N/A Road 1597 0 1597 N/A 1438 0 1438 N/A Totals 4803 0 4803 0 3014 0 3014 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: 7,817 square feet. One NhCarolina Transportation Permitting Unit Naturally 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper • W r Micnael r. tasiey, vuvci iu, William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 0~ Coleen Sullins, Director I r Division of Water Quality The project shall be constructed in accordance with your application dated received August 1, 2008. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Numbers 3689 and 3688. This certification corresponds to the Nationwide Permits 13 and 33 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 213.0259). 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 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 150 linear feet, compensatory mitigation may be 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. 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. 3. Bridge deck drains shall not discharge directly into the stream. Stormwater shall 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. 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. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. 6. 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. 7. Pursuant to NCACI5A 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. 8. 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. Nose Carolina ~6lCll~~lJ 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: http://h2o.enr.state,nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper Micnaei r. Catiiey, vivo ~OF W ATF William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources X G Coleen Sullins, Director (0 Division of Water Quality r =1 5la 9. 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. 10. 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. 11. 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. 12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 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 lust be regularly inspected a a smaintained to prevent materi. contamination of stream waters from fuels, lubricants, hydraulic fluids, 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. 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 law being met (including the failure to sustain a designated or achieved use) or thaalutate or modify this being violated, or that further conditions are necessary to assure compliance, DWQ may reev and 19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification.. 20. 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 In, Division Engineer and the on-site project manager. 21. The outside buffer, wetland or water boundary located within the construction to any and disturbing a ppro es by to authorization shall be clearly marked by highly visible fencing prior areas within the fencing are prohibited unless otherwise authorized by this certification. 22. 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. None hCarolina aturallr 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: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Michael F. Easiey, - William G. Ross Jr., Secretary F A North Carolina Department of Environment and Natural Resources 0, Coleen Sullins, Director ~i Division of Water Quality v CO r- > hall re ort any violations of this certification to the Division of Water Quality within 24 hours of 23. The Perrrnttee s p discovery. an im acts at associated borrow or waste site), the NCDO when 24. Upon completion of the project (including y p Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DW all work included in the 401 Certification has been completed. be reestablished within trees and shrubs native to your geographic region) must must be construction. 25. Native riparian vegetation (i.e., the end of the growing season following completion of the construction limits of the project by 26. There shall be no excavation from, or waste disposal into, Jusafes toraaccess roads to waste or borrow sites, be permit without appropriate modification. Should waste or borrow located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. governing practices must be in full compliance with all specifications g 27. Erosion and sediment control d maintenance of such Best Management Practices in the proper design, installation and operation an order to protect surface waters standards: operated, and ct must be a. The erosion and sediment control measures recent tverson of the North Carole a Sediment and Erosion maintained in accordance with the most Control Planning and Design Manual. fi d in the most recent version of the b. The design, installation, operation, and maintenance of t spesediment an must be such that they equal, or exceed, the requirements Sediment and Erosion Control Manual. The devices shall be maintained on all contract maim contractor-owned or leased North Carolina ro ects, including construction sites, borrow sites, and waste pile (spoil) p J operated, installed, borrow pits associated with the project. Surface Mining it sites, the erosion and sediment control versmeasures o of the designed, C. For borrow p and maintained in accordance with the most recent easures and implementation must comply with the reclamation in accordance with Manual. d. The reclamation m the requirements of the Sedimentation Pollution Control Act. trot measures shall not be placed in wetlands or waters unless otherwise approved by 28. Sediment and erosion con this Certification. Noe Carolina tura?& Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 s 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: http:i/h2o,enr.state,nc.us/ncwetland An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ' Michael F. Easley, uovenw W1aTE William G. Ross Jr., Secretary ~Q `Q North Carolina Department of Environment and Natural Resources Coleen Sullins, Director d -y Division of Water Quality ~ r > If do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must you 6714 Mail Service act within 60 days of the date that you receive this tutes to the Office of Administrative Hearings, 67 that can Service to Chapter 150B of the North Carolina General conditions are Center, Raleigh, N.C. 27699. This certification and i on o fWater Quality final under Section 401 of the a Clean Water and binding unless you hearing. This letter completes the review of the Act. If you have any questions, please contact Rob Ridings at (919) 733-9817. Sincerely, Coleen 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 Rachelle Beauregard, NCDOT NEU File Copy None Carolina aturally 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/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper