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HomeMy WebLinkAbout20090406 Ver 1_Approval Letter_20090812t NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Gnvpmnr nirprfnr Dee Freeman Secretary August 12, 2009 DWQ# 09-0406 Anson County Mr. Kevin S. Rose Federal Highway Administration/Eastern Federal Lands Highway Division 21400 Ridgetop Circle, Suite 310 Sterling, Virginia 20166 APPROVAL of 401 Water Quality Certification with Additional Conditions, Road Rehabilitation Work in the Pee Dee National Wildlife Refuge, RRP-PED 10(1), Anson County Dear Mr. Rose: You have our approval, in accordance with the attached conditions and those listed below, to permanently impact approximately 339 linear feet (If) as described in the table below: +'it?54 dA?° ^Y' ?'` ."SL's',$d ?'t,}li4b.3-h $x"t.` 't"d1? iyit?}tet? }tyt:C s t C.•k {f`"J s?.L'?Y 'k s ?k tI??Y,??Y'e S G. tf.+ ' . , `tt ''71,+-?• ' , .}.fi 4_Locati rn e No /Sta tion PermitS xi.^yStream Tain 7Stream ` i"? P U A aw + ><4 ? r ? Nu i s er? + L e T ? ? _ YP y , Im a t'" .314 k+'k P Stream lmPacY" ? rz J ?. , Sullivan Pond Site No. 1/Centerline -".UT* to. Brown Permanent -47 linear feet Road Station 108+59.23 Creek/Intermittent Sullivan Pond Site No. 2/Centerline UT* to Brown Permanent -33 linear feet Road Station 113+17.44 CreekAntermittent Sullivan Pond Site No. 3/Centerline UT* to Brown Permanent 41 linear feet Road Station 156+04.42 Creek/Intermittent Wildlife Drive Site No. 1/Centerline UT* to Brown Permanent -40 linear feet North Station 209+80.53 Creek/Intermittent Wildlife Drive Site No. 2/Centerline UT' to Brown Permanent -43 linear feet North Station 210+97.16 Creek/Intermittent Wildlife Drive Site No. 3/Centerline UT' to Brown Permanent -29 linear feet North Station 243+81.29 Creek/Intermittent Wildlife Drive Site No. 41Centerline UT" to Brown Permanent -30 linear feet North Station 248+73.11 Creek/Intermittent Wildlife Drive Site No. 1/Centerline UT* to Brown Permanent -24 linear feet South Station 319+79.31 Creek/Intermittent Ross Road Site No. 1/Centerline UT* to Brown Permanent -29 linear feet ' Station 406+05.67 Creek/Intermittent - Ross Road Site No. 2/Centerline UT* to Brown Permanent 23 linear feet Station 429+89.88 Creek/Intermittent 'Unnamed tributary - Mooresville Regional Office - Location: 610 East Carter Ave., Suite 301 Mooresville, NO 28115 Phone: (704) 663-16591 Fax: (704) 663-60401 Customer Service: 1-877.623.6748 Internet:w .nexaterquality.org An Equal Gpporti*1 t Affirmative Action Employer- 50% Recycledit u% Post Consumer paper No hCarolina Alatimally r Mr. Kevin Rose Page Two Stream impacts are associated with road rehabilitation work in the Pee Dee National Wildlife Refuge, as described in your application received by the Division of Water Quality (DWQ) on April 14, 2009, and additional information received electronically on August 6, 2009. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Numbers 3701. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This approval will expire with the associated 404 permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design that you described in your application (unless modified below). Should your project change, you must notify the DWQ in writing and you may be required to 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 conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if 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 and those listed below: 1. All culvert installations must align with the existing stream channel in such a way that potential stream destabilization is minimized. If improper culvert alignment causes stream destabilization, the Permittee may be required to implement additional measures to ensure stream stability. 2. Placement of culverts and other structures in waters, streams and wetlands must be below the elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow for low flow passage of water and aquatic life, as well as prevent headcutting of the streams. The design and placement of culverts and other structures including temporary erosion control measures shall be installed in such a manner that the original stream profiles are not altered (i.e., the depth of the channel must not be reduced by a widening of the streambed): Existing stream dimensions (including pattern and profile) are to be maintained above and below locations of each culvert. The applicant may be required to provide evidence that the equilibrium has been maintained,, if requested in writing by the DWQ. 3. Brown Creek is a 303d listed stream for impaired biological integrity. Therefore, temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover shall be placed on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Erosion control matting shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Steep slopes are defined as those slopes graded at an angle which cannot retain vegetative cover. Matting shall be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 4. The use of riprap above the normal high water mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 5. Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize sedimentation and reduce the introduction of other pollutants into the stream. 6. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 7. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic conditions can be provided. 8. 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. 9 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 the 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. i,\ Mr. Kevin Rose Page Three 10. 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. 11. All mechanized equipment operated near surface waters must be, regularly inspected and maintainedto prevent contamination of,stream waters,from -fuels, lubricants, hydraulic fluids, or,other toxic materials.. :.. 12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatte than.3 1,unless.otherwise authorized by this certification.. - 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 14. 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 Permittee and the on-site project manager. 15. Native riparian vegetation must be re-established within the construction limits of the project by the end of the growing season following completion of construction. 16. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within 30 days after the Division of Land Resources has released the project. 17. 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 Cohii6l 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. 18. The Permittee shall ensure that the final design drawings adhere to the certification and.to the drawings submitted for approval. 19. The outside buffer, wetland or water boundary located within the construction corridor approved by this certification 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 Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 21. The Permittee and its contractors and/or agents shall not excavate, fill or perform mechanized land clearing at any time in the construction or maintenance of this project within waters and/or wetlands; except as,authonzed by this 1' Certification, or any modification to this Certification (e:g., no wor'k shall occur outside of the' footprint of the plans provided). In addition, there shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this Certification without appropriate modification. If this occurs, compensatory mitigation maybe required since it is a direct impact from road construction activities.