20110646 Ver 1_Approval Letter_20110709

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W{
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly.Eaves Perdue_Coleen H. Sullins: Dee. Freeman
Governor. - - • Director. Secretary,-
. , . - •.. .. ... ..... . . .... .. ..
September 92011
Beaufort County
DWQ Project No. 20110646
Bridge 157 over Acre Swamp
TIP B-5203
APPROVAL of 401 WATER QUALITY CERTIFICATION, and TAR-PAMLICO BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Mr. Jay Johnson
North Carolina Department of Transportation
P.O. Box 1587 . ,. . _ ..
Greenville, NC 27835
Dear Mr. Johnson: .. .......
You have our approval, in aecordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. 157 over Acre Swamp on SR 1532 (Ripp Highway) in Beaufort County: ..
Site Number 1
s ft 2
s ft
1 .. 856... : -.-:609...
2 1,916 1,313
g .1;639„ . .. 1,130 -
4 : 852 605 ::.
Total- 5;263.:..: 3,657
Net Total
Impacts: ... 8,920. ...
.. . .
The project shall be constructed in accordance with yourapplications dated received July d2, 2011. After reviewing
your applications, 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 Tat-Pamlico Riparian Buffer Rules (15A NCAC 2B .0259). In addition,youshould 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.
North Carolina Division of Water Quality Internet: www.newatermnlil or ae
943 Washington Square Mall Phone: [phone] We hCarolina
Washington, NC 27889 FAX [phone] Naturally
An Equal OpporlunIVAtBrmaBve Action Employer- 50% RecydWIO% Post Consumer Paper
Bdffer'Zoue Buffer Zone
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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 150 linear 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.
1. 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.
2. The pennittee 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 not 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 report any violations of this certification to the Division of Water Quality within 24 hours of
discovery. ., . .
4:: The Petmittee shall ensure that the, final.design drawings adhere to the certification and to the drawings
submitted for approval5. 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 projecfmust 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.
6.: 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 land 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 for stream
stabilization shall be placed in stream channels in 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 waters of the U.S., or
protected riparian buffers.
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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 conditions
10. Heavy 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.
11. 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.
12. No rock, sand or other materials shall be. dredged from the stream channel except where authorized by this
certification.
13. Discharging hydroseed mixtures. and washing out hydroseeders and other equipment in or adjacent to surface ,
waters is prohibited.
14. The outside buffer, 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 this certification.
15. 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
constriction.
16. 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.
17. 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., . .
18. Bridge piles and bents shall 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
approval from NCDWQ.
19. Bridge deck drains shall not discharge directly into the.stream.. Stormwater shall be directed across the bridge
and pre-treated through site-appropriate means (grassed swales, pre-formed scow holes, vegetated buffers, etc.)
before entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
20. Riprap 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.
21. Pursuant to NCACI5A 2B .0259(6), sediment and erosion control devices shall not be placed in Zone I of any
Tar-Pamlico Buffer without prior approval by the NCDWQ. Atthis time, the NCDWQ has approved no
sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this
project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that
Zone 1 is not compromised and that discharge is released as diffuse flow.
22. All stormwater runoff shall be directed as shectflow, through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
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23. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction commas and' revegetated..Maintaihed 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 DOT 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:.,:
24. 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.
25. A copy of this Water Quality' Certificatiowshall 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 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 thatconforms.
to Chapter, I50B 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.
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for o n§ulllnOJ?l
Attachments (General Certification and Certificate of Completion form)
cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office
Stephen Lane, DCM; Morehead City
-
Sonia Carrillo, NC DWQ, 401[Wetlands Unit'
File Copy