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HomeMy WebLinkAbout20070366 Ver 1_Approval Letter_20070316Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 16, 2007 Nash County DWQ Project No. 20070366 Bridge 34 on SR 1004 T1P# B-3876 APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Dr. Gregory J. Thorpe, Ph.D. NCDOT Project Development and Environmental Analysis Branch 1598 Mail Service Center Raleigh, NC 27699 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 34 in Nash County: Stream Impacts in the Tar-Pamlico River Basin Site Permanent Fill in Perennial Temporary Dewatering in Total Stream Impact Stream linear ft Perennial Stream linear ft linear ft 1 30 30 (concurrent) 109 79 (additional) Total 30 109 109 Total Stream Impact for Project: 1091inear feet. Wetland Im acts in the Tar-Pamlico River Basin Site Fill ac Mechanized Clearin ac Total Wetland Im act ac 2 0.12 0.01 0.13 Total 0.12 0.01 0.13 Total Wetland Impact for Project: 0.13 acres. Tar-Pamlico Riparian 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) 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 1 2,723 0 2,723 N/A 1,382 0 1,382 N/A 2-Road 1,276 0 1,276 N/A 2,532 0 2,532 N/A 2- 2,743 0 2,743 ~ 0 0 0 0 0 Brid e Totals 6,742 0 6,742 0 3,914 0 3,914 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: 10,656 square feet. N~o°ne~Carolina Transportation Permitting Unit fllCQ~~I,~ 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 OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper WATT Michael F. Easley, Governor Q ~ OCR Q~ William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ` Uj P, Alan W. Klimek, P.E. Director ~ ~•i_4 ~ Division of Water Quality P . , The project shall be constructed in accordance with your application dated received March 5, 2007 and addendum received March 12, 2007. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Numbers 3494 and 3404. This certification corresponds to the Nationwide Permit 3 and General Permit 31 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B.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 1501inear 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. For the onsite wetland restoration site, NCDOT shall monitor vegetation success by visual observation and photo documentation and will submit an annual report to DWQ. DOT shall monitor the site for a minimum of three years or until the site is deemed successful in writing by DWQ. 2. Upon success of the onsite wetland restoration site, NCDOT will have 0.4 acres of riparian wetland restoration credit available for use in the eight digit HUC 03020101. 3. 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. 4. Bridge deck drains should not discharge directly into the stream. Stormwater should 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. 5. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one 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 low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to deternune whether or not a permit modification will be required. 6. Riprap should 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. 7. For the 1091inear feet of streams being impacted due to site dewatering activties, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. 8. In accordance with commitments made in your application, due to potential sedimentation concerns resulting from demolition of the bridges, where it is possible to do so, turbidity curtains will be used to minimize sedimentation in the stream. N~o°e~Carolina Transportation Permitting Unit ~'""~~ra«t/ 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:/Ih2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper t _ Easley, Governor Michael F. William G. Ross Jr., Secretary e artment of Environment and Natural Resources ek, P•E• Director North Carolina D P plan W • Klim ater Quality O~ w AT~~, ~ Division of W O~ r ~ ~ > ,,, ,.~~ -~ Mess p r::~ . *`~~ ~, through streambuffexs at nonerosive velocities, stormwatex runoff shall b flda~ oned as sheetflo ~ activities shall be xe onr~ ody e 9' All roved by this ce fill ox clear g etated with n otherwise app orary nently reveg s condition, acted by the placement of temp For the p~°Se °f ~ ular DDT arian buffers imp aintained buffers shall be pew Lion. ect to reg 10. All rip ated. M letion of constru nently revegetated, reconstruction contours anodes ngg eason following h ~ nsp°rtation corridor that will be su 7 p the end of the gr intained buffers o f clo s~cxt on• species by The area with non-~ completeOn aintained buffer areas ace defined as areas ~' ~~ Ce ' lading mowing' season following d ~ Zone 1 of any n1 e next gro g maintenance activi see es before th CDWQ has approved no sediment with native woody p ent and erosion control devi~he N all not be p a s xoJeCt• Moreover, 0259(6) sedim he NCDwQ• ~'t this time, anywhere on thi p CAC15A 2B• royal by ro ect impacts, at Zone 1 is not 11. Pursuant to N riox app roved p J rovided th Tar-Pan~xco Buffer without p one 1, outside of the app Zone 2 of the buffers p and erosion control devices in Z revent direct contact bee t n t and erosion control d e is released as d ffu e flO`~'' ed to p discharg sedimeri imam compTOnvsed and that discharg cured concrete should no ction, a dn' Fork area should be ma constru water. ossible aquatic life and fish ldlls• or 12. If concrete is used during water that In H and p ly contac s ~,~raters of the U.S., curing concrete and stream kind is putted in ce waters due to the potential fox elevated p ui ment of any smfa no staging of eq p traction of the protect, 13. During the cons should not be modified. arianbuffers. above and below the crossing protected rip al eomoxPhic conditions. attern and profile of the stream laced for stream 14. The dimension, p should be restored to natur g m~zed Any rip_rap p assage bed floodplains and streams ede agnaric life p Distur 1 High water 1Vlark shall be mt above the NOS nneT that it does not imp measures from laced in stream channels in such a n~ A roved BMP s rock beans, 15. The use of rip-rap work area. pp stabilization shall be p ~,aters shall be conducted ~ a ~ nual such as sandbag , tenance Activities flowing water. acent to stream ction and Main mize 16. All work in or adj pT Constru revent excavation in order to mim ent version of NCD es shall be used top the stream channel in the most curt s rather than nl cofferdam and other diversion structur the bank etated from stream. revent ollutants into the tamed to p 1~ • Heavy equipment shall be °p inspected and main on and reduce the introduction of other p alarly x1C materials. sedimentate or other to ment operated near sin nts, hydraul uflu ds'eg a authored by this lg• All mechanized equrp fuels, lubnca channel except whet waters from the stream contaminateon of streamo~er materials shall be dredged from 9 No rock, sand ° ent in ox adjacent to surface 1 er equipm certificarion• ~x~es and washing out hy~pSeeders and otli in hydroseed 20• Discharg g , •es in a manner consistent with Sate Act) and waters is prohibited. 303(d) of the Clean uth ltin ermines that such stand ds or laws are not orized agents shall condufr ~ co1nYPliance with § being violated, 21 The peTmittee and its a Tequirements resu g If DW Q det including any use or that State ox federal 1 this Certification. may reevaluate and modify quality standards late requfrements of Stat a a d gri tea or a h1eved ) any other appxopr lianCe, DwQ the failure to sustain Comp °ne C met (including to assure No atu being ox that further conditions are necessary T~nsportation Permitting Unit .. v.~•~m2o.enrstate.nc.uslncwetlands ...~„ ~e~a service Center, Raleig ~n Ral gh INorth ~a of na 27604 . .. :,,. _....,.~. Paoer ~~ W ~ r~~ Michael F. Easley, Governor William G. Ross Jr., Secretary `OCR ~~ North Carolina Department of Environment and Natural Resources ~ 'p, Alan W. Klimek, P.E. Director ~ ~ Division of Water Quality ~ ,:. _.~n::.,.,.~~. :, _,. . 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 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 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. Upon completion of the project, 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. 26. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 27. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this perrnit without appropriate modification. Should 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. 28. 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. 29. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. No~ethCarolina Transportation Permitting Unit ~atuCa!!y 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: htto://h2o.enr,state.nc.usJncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper O~ WAr~~ Michael F. Easley, Governor William G. Ross Jr., Secretary `OCR QG North Carolina Department of Environment and Natural Resources ~ ~ Alan W. Klimek, P.E. Director ~, a ~ Division of Water Quality Q '~i 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. S' ere y, ~G lan W. Klimek, P.E. Attachments (General Certification and Certificate of Completion form) cc: Jamie Guerrero, Division 4 Environmental Officer William Wescott, US Army Corps of Engineers, Washington Field Office Chris Manley, NCDOT PDEA Travis Wilson, NC Wildlife Resources Commission Gary Jordan, US Fish and Wildlife Service Ecosystem Enhancement Program DWQ Raleigh Regional Office copy File Copy N~e Carolina Transportation Permitting Unit " ' ""tuCa~~l~ 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 I Internet: http:llh2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycledl10% Post Consumer Paper