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HomeMy WebLinkAbout20091324 Ver 1_Approval Letter_20091221j?L? FRIDENR North Carolina Department of Environment and Natural Resources Division of water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director December 21, 2009 Alamance County NCDWQ Project No. 20091324 (Bridge 102 on SR2181) TIP B-4404 APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN LAKE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr. Mike Mills, P.E., Division Engineer NCDOT, Division 7 PO Box 14996 Greensboro, NC 27415 Dear Mr. Mills: Dee Freeman Secretary You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge No. 102 on SR 2181 in Alamance County: Jordan Lake Rinarian Buffer Impacts Site Zone 1 minus = Zone 1 Zone I Buffer FIT Zone 2 minus = Zone 2 Zone 2 Buffer Impact Wetlands Buffers (not Mitigation <?Z° Impact Wetlands Buffers Mitigation . (sq ft) in Zone 1 wetlands) Required N (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) 1 180 0 80 0 120 0 120 0 180 0 180 0 120 0 120 0 Totals Total Buffer Impact for Project: 300 square feet. The project shall be constructed in accordance with your application dated received December 17, 2009 with additional information dated received in the Winston Salem Regional Office December 21, 2009. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3687. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Jordan Lake Riparian Buffer Rules (15A NCAC 2B .0267). 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 NCDWQ 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 214 .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 02B .0268. For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771-5000 Internet. vmvncwaterquality org Winston-Salem, NC 27107 FAX (336) 7714630 NorthCarolina Naturally Customer Service 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer - 50% Recycled110 % Post Consumer Paper Condition(s) of Certification: Project Specific Conditions I. Roadside ditches shall not be altered bevond the limits detailed in the permit application. Stormwater from the bridge shall be directed into the preformed scour hole as detailed on the plans received with the permit application. 2. 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 NCDOT 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. 3. Pursuant to NCAC 15A 213.0267, sediment and erosion control devices shall not be placed in Zone I of any Jordan Buffer without prior approval by NCDWQ. At this time, NCDWQ has approved no sediment and erosion control devices in Zone t, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 4. 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. General Conditions 5. 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. 6. 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. 7. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed loodplains and streams shall be restored to natural geomorphic conditions. 8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 9. 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. 10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 11, Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 12. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shalt be maintained with the Division Engineer and the on-site project manager. 13. 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. 14. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 15. 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. 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 Amy Euliss at (336) 771-4959. Sincerely, Coleen H. Sullins :i Director Cc: Andy Williams, US Army Corps of Engineers, Raleigh Field Office Jerry Parker, Division 7 Environmental Officer Wetlands/ 401 Transportation Permitting Unit File Copy