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HomeMy WebLinkAbout20110040 Ver 1_Approval Letter_20110610®~~ r ~~ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dec Freeman Governor llirector Secretary ]une10,2011 Beaufort County DWQ Project No. 20] 10040 v.2 Bridge 314 over Little Creek APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. lay Johnson North Carolina Department of Transportation P.O. Box 1587 Greenville, NC 27835 Dear Mr. Johnson: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge Number 314 over Little Creek with a box culvert on SR 1721 (Little Creek Rd) in Beaufort County: Stream and Wetland Impacts in the Tar-Pamlico River Basin Coastal Stream Fill Open Water Site Number Wetlands (ac) (linear ft) Temporary s uare ft Beaufort 314 0.01 35 765* *temporary impacts due to de-watering activities The'projec[ shall be constructed in accordance with your revised application dated received June 1, 2011. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification 3820. This certification corresponds to the General Permit 31 issued by the Corps of Engineers. 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 [he accompanying 404 permit. This approval is valid solely for [he 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 [his 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 [he future) exceed 150 linear fee[, 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 [he conditions listed in the attached certification. I . The issuance of this certification does no[ 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) havingjurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. North Carolina Division of Waler Quality Internet www.ncwztcrguzlily.°rg One 943 Washington Square Mall Phone: 252-946-6481 NOI'th CarO)lna Washington, NC 27689 FAX 252-946-9215 ~Vatllra!!y An Equal OpportunitylAfOmiative Action Employer- 50 % Recycled110%POSt Consumer Paper Page 2 of 5 2. The permittee 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 no[ 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. 3. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval. 4. The permittee will need [o adhere to all appropriate in-water work moratoria (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission and North Carolina Division of Marine Fisheries. No in-water work is permitted between February I S and June 15 of any year, without prior approval from the NC Division of Water Quality and the NC Wildlife Resources Commission. [n addition, the permittee shall conform with the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times. 5. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams 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 downstream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 6. 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. 7. [f 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. 8. The use of rip-rap above the Normal High Water Mark shall be minimized. 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. 9. 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. 10. The dimension, pattern and profile of the stream above and below the crossing shall no[ be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 1 I. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce [he introduction of other pollutants into [he stream. 12. 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. 13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. Page 3 of 5 15. All fill slopes located injurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certifcation. 16. The outside buffer, wetland or water boundary located within the construction corridor approved by this certification shall be cleazly 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. Native riparian vegetation (ex. list 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. 18. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this certification 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. 19. 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 [he 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 mast 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. 20. 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. 21. Riprap shall not be placed in the active thalweg channel or placed in [he streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 22. The Permittee shall report any violations of [his certification to the Division of Water Quality within 24 hours of discovery. 23. 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. 24. 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. Page 4 of 5 If you do not accept any of the conditions of [his 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 Garcy Ward at (252) 948-3922. Sin ely, /= for Coleen u ms Attachments (General Certification and Certificate of Completion form) cc: T Steffens, US Army Corps of Engineers, Washington Field Office onia Carrillo, DWQ, 401/Wetlands Unit, Raleigh NC File Copy