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HomeMy WebLinkAbout20081433 Ver 1_Approval Letter_20081002?o?o? w H r?9pG > LQ )L October 2, 2008 Wake County DWQ Project No 20081433 Bridge 336 on SR 1301 TIP No B-4302 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Dr Gregory J Thorpe, Ph D , Environmental Management Director NCDOT,PDEA 1598 Mail Service Center Raleigh, NC 27699-1548 Dear Dr Thorpe You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 336 in Wake County Neuse Ri arian Buffer 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) ?n Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using (sq ft) (sq ft) (using 3 1 ratio) (sq ft) wetlands) 15 1 ratio) s ft 1- 0 0 0 0 680 0 680 N/A Road 1- 6360 0 6360 N/A 3298 0 3298 N/A Bridge I 1- 5815 0 5815 N/A 952 0 952 N/A Detour 2- 1908 17 1891 5673 7132 3465 3667 5501 Road 2- 1854 0 1854 N/A 2528 0 2528 N/A Detour Totals 15937 17 15920 5673 14590 3465 11125 5501 * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Protect 30,527 square feet Stream Impacts in the Neuse River Basin Site Bank Stabilization to Perennial Stream linear ft Temporary Fill in Perennial Stream linear ft Total Stream Impact linear ft 1 215 60 275 Total 215 60 275 Total Stream Impact for Protect: 275 linear feet. One xiliCarohna No 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 919-733-68931 Internet httP //h2o enr state nc us/ncwetlands rvu"naci r Lzaaiey, vvvG1iwi William G Ross Jr, Secretary North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality An Equal Opportunity/Affirmative Action Employer-50% Recycled110% Post Consumer Paper OF W /A I F?QG mwnaci r ?aaiey, vuvci nui William G Ross Jr , Secretary North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality Wetland Impacts in the Neuse River Basin Site Permanent Fill ac Temporary Fill ac Excavation ac Mechanized Clearing ac Hand Clearing ac Total Wetland Impact ac f 1 008 034 013 005 001 061 2 0 22 0 33 0 0 0 0 55 Total 0 30 0 67 0.13 0.05 0 01 1 16 Tntnl Wetland imnact for Proiect 1 1 6 acres The project shall be constructed in accordance with your application dated received September 18, 2008 After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Numbers 3701 and 3689 This certification corresponds to the Nationwide Permits 23 and 13 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 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 anew 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 Compensatory mitigation for impacts to 1891 square feet of protected riparian buffers in Zone 1 at a 3 1 ratio and 3667 square feet of protected riparian buffers in Zone 2 at a 1 5 1 ratio shall be required We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Ecosystem Enhancement Program (EEP) Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done in accordance with 15A NCAC 2B 0233 EEP has indicated in a letter dated September 4, 2008 that they will assume responsibility for satisfying the compensatory mitigation requirements for the above-referenced project, in accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004 2 Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland impact area from re-attaining Junsdictional wetland status, the permittee shall provide an update on the wetland areas at these temporary impact sites no later than three years after protect completion This update will consist of photographs and a brief report on the status of these temporarily impacted areas in re-attaining wetland jurisdictional status If at the end of three years the wetland areas temporarily impacted by this project have not re-attained jurisdictional wetland status, NC DWQ shall determine if compensatory wetland mitigation will be required 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 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 5 Bridge deck drams shall not discharge directly into the stream Stormwater shall be directed across the budge 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 Noe Carohna Transportation Permitting Unit Naturally 1650 Mad 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 /1h2o enr state nc us/ncvvetlands An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper V I- I.- I _aa.cy, ---. ©F W ATF,s, William G Ross Jr , Secretary `OCR QG North Carolina Department of Environment and Natural Resources co Coleen Sullins, Director P Division of Water Quality > --1 D \.: , a r f 'c 6 If multiple pipes or barrels are required, they shall be designed to tmmnc natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate Widening the stream channel should be avoided Stream channel widening at the mlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage 7 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 8 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification 9 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-mamtained buffers shall be permanently revegetated, with native woody species before the next growing season following completion of construction 10 Pursuant to NCAC15A 2B 0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse 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 compronused and that discharge is released as diffuse flow 11 If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curmg 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 12 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 13 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 14 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 15 The Permnttee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 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 mimmuze 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 contamnnation of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials None Carohna Naturally Transportation Permitting Unit 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 ne us/ncwetiands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper O? w A Tz- RossssJr Jr, ? , vwcn iv William liam I G F ,Secretary O? QG North Carolina Department of Environment and Natural Resources 7- Coleen Sullins, Director CO i" Division of Water Quality 19 No rock, sand or other materials shal l 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 perm ittee 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 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 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 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 The issuance of this certification does not exempt the Pernuttee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i a local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc 26 The Pernuttee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 27 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 28 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 29 There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this pernut 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 30 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification None Caro na turai? 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 l/h2o enr state nc us/ncvvetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Michael r tasiey, ---- \N A rF William G Ross Jr, Secretary 0? 9Q North Carolina Department of Environment and Natural Resources Coleen Sullins, Director C/) O Division of Water Quality r > =t ow _1? governing 31 Erosion and sediment control operation practices must be in full comance with all and maintenance of such Best Management Practices in the proper design, installation and 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 st 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 specifie in the most must be such that they equal, or exceedCo trolManual t The devices shall be ma nt fined on allf teased North Carolina Sediment and Erosion contractor-owned or lconstruction sites, borrow sites, and waste pile (spoil) projects, including borrow pits associated with the project operated, c For borrow pit sites, the erosion and sediment control measures must be designed, installed, op aintained in accordance with the most recent version of the North Carolina Surface Mining and m Manual d The reclamation measures and implementation Pollution Control comply with the reclamation in accordance with the requirements of the Sedimentation Act If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing You must Mail Service Statutes to the Off e of Admiiustrat v Hear ngsrtion 6714 that can orms act within 60 days of the date that you receive unless to Chapter 150B of the North Carolina General are you Center, Raleigh, N C 27699 This certication an its the Divis on conditions Wat r QualitylunderSection 401 of the Clean Water hearing This letter completes the review Act if you have any questions, please contact Rob Ridings at (919) 733-9817 Sincerely, (-,-Coleen Sullins, Director "i , Attachments (General Cerhficatlon 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 Beth Harmon, Ecosystem Enhancement Program Enca McLamb, NCDOT NEU File Copy Transportation Permitting Unit 1650 Mad Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone 919-733-17861 FAX 919-733-66931 Internet httllh2o enr state nc us/ncwetiands An Equal opportunitylAffirmatve Action Employer - 50% Recycled110% Post Consumer Paper