Loading...
HomeMy WebLinkAbout20110401 Ver 1_Approval Letter_20110616~~ 'NCDENR North Carolina Dcp'trtmeni of L-'nvironment and Natural Resources Division of Water Quality Beverly Eaves Perdue Goleen H. Sullins Dee Freeman Governor Director Secretary June 16; 2011 Pitt Cotitty DWQ Project No. 20110401 Bridge 9 over Swift Creek TIP B=4232 APPROVAL of 401 WATER QUALITY CERTIFICATION, and _NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mi. Jay,Jolinson North Carolina Department of Transportation E.O: Box 1587 Greenville, ANC 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 No. 9 over Swift Creek'oh NC 903 in Pitt County: Buffer Zone Buffer Zone Wetlands Fill Site Number 1 2 Stream (sq ft) (sq ft) s ft s ft 1 1 305 905 0 ' ~: ` , ~ ~ ,' ~ , " , 2 4 990.._ ,_ 160 3 3 310 , ,a ; t ? E ; ' , , , „. -~;<„ _~ ~ ; ,:,4, 3 § 220 2 250 90 t~' Ij=~ i ~~ ti! `'rf. , , 1. - t ;,;, . ~; 4 1,060 _ _ ... 710 0 ,, dP"~, ~_"i7~ "i '~ raid ~=~ 5i ~-~ Nr A ~ .~G Total 10;575 7,025 '3;400 (0.08 ac) 130** 'Net Total 1 600* n ~ i. B" ~ , Ud ~ I,'11 ~ ~ I ~' ~~~'~ v .y My ry ~ rr ~ i . i']r i ir ~ rl~ I 1 ~ I 7, , ~ .+ : i ~ !Impacts due to bridge structure and maintenance road.'NO.mitigation required. "Impacts due to bridge pilings The,projec[ hall be constructed in accordance with your applications dated ieceived May 2, 201 1. After reviewing your applications, we have dectded~tfiat thew irtipacts are covered by GBneral Water Quality Certification Numbers 3687 an$.3819. These certifications,correspondto the Nationwide, Perinits~3 and 12 issued. by the Corps of Engin@ers, This approval is also valid for the Neuse Riparian$uffer Rules (l5A NCAC 2B .0233). In addition, you sfiould:acgdire an'y other federal, state or local perinitsbefore you prticeed'witli you? projecYincludtfig (tipt not limited to)Sediment and Erosion Control Non-Discharge and Water Supply Watershedregulations. This approval wilt expire with the accompanying404 permit. IntemeC www.ncwateraualitv:ore PfiQne i252A46-6481 ~ ~ ~ -- FAX. 252;94.6-9215 An Equal OpporlunitylAf6una6ve Action Empbyei='50% RecyGedllD% Posl Consumer Paper One- - NorthCarolii5a ~atura!!y Page 2 of 5 This approval is valid solely for the purpose and design described in your application (urilass modified below). Sbould your project change, you must notify the DWQ and submit a new application. If [he property is sold, the -new owner must be.givep a copy of this Certificatidn'and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for [his project (now or in the future) exceed one acre, or of total impacts to streams (now or iii the future) exceed 150 lineaz 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 [he conditiohs ~listed•in the attached certification. L 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 oth8rgoveinment agencies (i:e. local, state, and federal) havingjurisdic[ion, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 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 sustainer 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 report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 4. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval. 5. Erosion and sediment control. practices must be in full compliance with all specifcations governing the pioper 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, ahd maihtenance 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 cohtractor-owned or leased borrbw 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 [he North Carolina Surface Mining Manual. d. The reclamation measures and implehientation must comply with the reclaiation in accordance with the reguirements of the Sedimentation Pollutioh Control Act. 6. If concrete'is used during construction, a dry work area shalt 6e mairtained to preveht direct contact between curing concrete and stream water. Water that iriadvertently contacts uncured conerete~shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 7. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap,placed fdr stream stabilization shall be placed in stream chawels ih such a manner that it does not impede aquatic life passage. 8. During the construction of the project, no'staging of equipment of any kind is permitted in wiiters of the U.S, or protected `riparian buffers: Page 3 of 5 9. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditidns. 10. Heav y equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 1 1. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, o'r other toxic materials. 12. No rock, sand or other materia is shall be dredged from the stream channel except where authorized by this .certification. 13. Dischar grog hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 15. The outside buf fer, 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 [his certification. 16. 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. 17. 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. 18. S[riot adherence [o the most recent version of NCDOT's Bes[ Management Practices For Bridge Demolition and Removal approved by [he US, Army Corps of Engineers is a conditioaof the 401 Water Quality Certification. - 19. The post -construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revege[ated with appropriate native species. 20. Bridge piles and bents s hall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically; jetting or other methods of pile driving are prohibited without prior written aPpivval from NCDWQ. 21. Bridge deck drains she II not discharge directly into the stream. Stormwater shall be directed across the bridge and;pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering[he stream. Please refer [o the most current version of Stormwater Best Management Practices. 22. Itiprap shall 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. 23: Pursue nt to NCACISA 2B .0233(6); sediment and erosion control devices shall not be placed in Zone i ofany Neysi; Buffer without prior approval by dte NCDWQ. At this time, the NCDWQ has approved no sedunen[ and erosion control devices in Zone 1, outside of the approved projecfimpacts; anywhere on this project. M_ oreover, sediment and erosion control devices"shall be allowed intone 2 of the buffersprovided that Zone l.is no[ compromised and,that discharge is. released as diffuse flow. Page 4 of 5 24. All stormwater runoff shall be directed as sheetflovv through stream buffers at nonerosive velocities, unless otherwise approved by [his certification. 25. All riparian b offers impacted by the placement of temporary fill or cleazing activities shall be restored to the preconstruc[ion 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 asar_eas within the transportation corridor that wilt be subject to regular DOT maintenance activities including mowing. The area with non-maintained buffers shall be pernanently revegetated, with native woody species before [he next growing season following completion of construction. 26. Upon co mpletipn of the project (including ahy 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. 27. A cop y of [his 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. If you do not accept any of [he 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 I SOB df the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N:C. 27699. This certificatioh and its conditions are final and biuding;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. S' cer for olee Sulli Attachments (General Certification and Certificate of Completion form) cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office Garcy Ward, NC DWQ, Washington Regional Office File Copy