HomeMy WebLinkAbout20081706 Ver 1_Approval Letter_20081121W A T ?9QG
Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
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November 21, 2008
Warren County
DWQ Project No 20081706
Bridge 4 on US 401
TIP No B-4307
APPROVAL of 401 WATER QUALITY CERTIFICATION 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 4 in Warren County
Wetland Imaacts in the Tar-Pamlico River Basin
Site Permanent Fill ac Temporary Fill ac Total Wetland Impact ac
1 031 021 052
Total 0 31 0.21 0 52
Total Wetland Impact for Protect. 0.52 acres
The project shall be constructed in accordance with your application dated received dated November 17, 2008
After reviewing your application, we have decided that these impacts are covered by General Water Quality
Certification Numbers 3701 and 3688 This certification corresponds to the Nationwide Permits 23 and 33 issued by
the Corps of Engineers In addition, you should acquire any other federal, state or local perrmts 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 protect (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 1501mear 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 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
One
Transportation Permitting Unit Nature ally
1650 Mad Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard Suite 250, Raleigh, North Carolina 27604
Phone 919-733 17861 FAX 919-733-6893 If Internet http //h2o enr state nc uslncvvetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
F W A rF Michael F Easley, Governor
0 9pG William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
PLUal
co r Coleen Sullins, Director
Division of Water Quality
2 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 at nonerosive velocities Please refer to the most current version of Stormwater Best
Management Practices
3 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
4 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
5 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
6 The use of rip-rap above the Normal High Water Mark shall be rmmmized 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
7 The Permittee shall ensure that the final design drawings adhere to the pemut and to the permit drawings
submitted for approval
8 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
9 Heavy equipment shall be operated from the banks rather than in the stream channel in order to rmmmize
sedimentation and reduce the introduction of other pollutants into the stream
10 All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contarnmation of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials
11 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification
12 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
13 The permtttee 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
14 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise
authorized by this certification
15 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
No thCarohna
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 htto //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
F \ NA TF Michael F Easley, Governor
?O 9Q William G Ross Jr, Secretary
?O G North Carolina Department of Environment and Natural Resources
co Coleen Sullins, Director
l Division of Water Quality
16 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
17 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
18 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 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
19 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
20 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
21 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
22 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
23 Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project
No thCarolina
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 //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
W A TF
0F R Michael F Easley, Governor
QG William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
?- Coleen Sullins, Director
> Division of Water Quality
- D
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,
?$ 1
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
Erica McLamb, NCDOT NEU
File Copy
N"oi` Carolina
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 919-733-68931 Internet http //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper