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
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,
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::.,.,.~~.
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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