Loading...
HomeMy WebLinkAbout20110985 Ver 1_Approval Letter_20111115 � � �a� ������ North Carolina Department of Environment and Natural Resources Division of Water Quality , Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary November 15 2011 Johnston County NCDWQ Pro�ect No 20110985 Bridge 40 on US 70 Busmess TIP No B 3864 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Dr Gregory J Thorpe Branch Manager NCDOT Pro�ect Development&Env�ronmental Analysis 1598 Mail Service Center Raleigh NC 27699 1598 Dear Dr Thorpe You have our approval m accordance wrth the conditions listed below for the followmg unpacts for the purpose of replacmg Bridge 40 m Johnston County Stream Im acts m the Neuse Rrver Basin Site R� ra Bank Stabil�zat�on to Perennial Stream lmear ft Total Stream Im act linear ft 1 148 148 Total 148 148 Total Stream Impact for Pro�ect 148 lmear feet Wetland Im acts m the Neuse R�ver Basm Site Tem orar Fdl ac Excavation ac Total Wetland Im act ac 1 006 <001 007 Total 0 06 <0 O1 0 07 Total Wetland Impact for Pro�ect 0 07 acres O en Water River Im acts m the Neuse Rrver Basm S�te Permanent Fill m O en Waters ac Tem orar Fill m O en Waters ac Total Fdl m O en Waters ac 1 <001 002 003 Total <0 Ol 0 02 0 03 Total Open Water Impact for Pro�ect 0 03 acres Transportation Permitting Unit One 1650 Mail Service Center Raleigh North Carolina 27699 1650 NorthCarolina Location 512 N Salisbury Street Raleigh North Carolina 27604 �iy¢9,y+�/ly/ Phone 919-807 63001 FAX 919-807 6494 bZbbBd 6 � Internet http llportal ncdenr orglweblwq � An Equal Opportunity\Affirmative Action Employer , Neuse R� ar�an Buffer Im acts S�te Zone 1 minus =Zone 1 Zone 1 Buffer ��� Zone 2 m[nus =Zone 2 Zone 2 Buffer Impact Wetlands Buffers(not M�t�gation �'''� Impact Wetlands Buffers Mit�gat�on (sq ft) in Zone 1 wetlands) Required ��,� (sq ft) �n Zone 2 (not Required(usmg (sq ft) (sq ft) (using 3 1 rat�o) � (sq ft) wetlands) 1 5 1 ratio) s ft Bndge 6394 0 6394 N/A �� 3352 427 2925 N/A Utility 2145 0 2145 N/A � 1435 0 1435 N/A h �� Totals 8539 0 8539 0 ��� 4787 427 4360 0 *n/a=Total for Site is less than 1/3 acre and 1501mear feet of unpact no mrtigation required Total Buffer Impact for Pro�ect 13,326 square feet The pro�ect shall be constructed ui accordance with your application dated received November 8 2011 After reviewmg your application we have decided that these impacts are covered by General Water Quality Certification Numbers 3689 and 3701 This certification corresponds to the Nationwide Permits 13 and 23 issued by the Corps of Engmeers This approval is also valid for the Neuse Riparian Buffer Rules(15A NCAC 2B 0233) In addrtion you should acquue any other federal state or local permits before you proceed w�th your pro�ect mcludmg(but not limited to)Sedunent and Erosion Control Non Discharge and Water Supply Watershed regulations This approval will exp�re with the accompanymg 404 permrt This approval is vahd solely for the purpose and design described m your application(unless modified below) Should your pro�ect change you must nohfy the NCDWQ 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 complyuig with all the condrtions If total wetland fills for this pro�ect(now or m the future)exceed one acre or of total �mpacts to streams(now or m the future)exceed 150 lmear feet compensatory mrtigation may be requ�red as described m 15A NCAC 2H 0506(h)(6)and(7) Additional buffer impacts may requ�re compensatory mitigation as described m 15A NCAC 2B 0242(9) For this approval to remam valid you must adhere to the conditions listed m the attached cert�fications and any addrtional condrtions listed below Condit�ons of Certification 1 The post construction removal of any temporary bridge structures must return the pro�ect site to rts preconstruction contows and elevations The unpacted areas shall be revegetated with appropriate native species 2 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 condrtion of the 401 Water Quality Certification 3 Br�dge deck drauis shall not discharge d�rectly mto the stream Stormwater shall be d�rected across the bndge and pre treated through site appropriate means(grassed swales pre formed scour holes vegetated buffers etc)before entermg the stream Please refer to the most current version of Stormwater Best Management Practices 4 Bridge piles and bents shall be constructed usmg driven piles(hammer or vibratory)or drilled shaft construction methods More specifically Jettu►g or other methods of pile drrvu►g are prohibited without prior written approval from NCDWQ first 5 No dnll slurry or water that has been m contact wrth uncured concrete shall be allowed to enter surface waters This water shall be captured treated and disposed of properly 6 All pile drrving or drillmg activrties shall be enclosed m turbidity curtams unless otherwise approved by NCDWQ 7 All bridge construction shall be performed from the existmg bridge temporary work bridges temporary causeways or floating or sunken barges If work condrtions requ�re barges they shall be floated mto position and then sunk The barges shall not be sunk and then dragged mto position Under no c�rcumstances should barges be dragged along the bottom of the surface water 8 Due to the river bemg a 303(d)listed vnpa�red watershed stormwater s shall not discharge d�rectly to surface waters Stormwater shall be treated usmg appropriate best management practices pr�or to discharg�ng to surface waters 9 Due to the river bemg a 303(d)listed watershed that is impa�red due to turbidity the pro�ect shall be designed constructed and operated with sedunent and erosion control measures that meet Design Standards ul Sensrtive Watersheds [15A NCAC 4B 0124] However due to the size of the pro�ect NC DOT shall not be requ�red to meet 15A NCAC 4B 0124(a)regarduig the maximum amount of uncovered acres 10 All riparian buffers impacted by the placement of temporary fill or clearmg activities shall be restored to the preconstruction contours and revegetated Mamtamed buffers shall be permanently revegetated w�th non woody species by the end of the growmg season followmg completion of construction For the purpose of this condition mamtauied buffer areas are defined as areas wrthm the transportation corridor that will be sub�ect to regular NCDOT mamtenance activ�ties mcludmg mowmg The area with non mamtamed buffers shall be permanently revegetated wrth native woody species before the next growmg season followmg completion of construction 11 Pursuant to 15A NCAC 2B 0233(6) sedunent and erosion control devices shall not be placed m Zone 1 of any Neuse Buffer without prior approval by NCDWQ At this tune NCDWQ has approved no sediment and erosion control devices ui Zone 1 outside of the approved pro�ect unpacts anywhere on this pro�ect Moreover sedunent and erosion control devices shall be allowed m Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow 12 All stormwater runoff shall be d�rected as sheetflow through stream buffers at nonerosrve velocrties unless otherw�se approved by this certification 13 If concrete is used durmg construction a dry work area shall be mamtamed to prevent d�rect contact between curmg concrete and stream water Water that madvertentiy contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills 14 Durmg the construction of the pro�ect no stagmg of equipment of any kmd is permitted m waters of the U S or protected ripanan buffers 15 The dunension pattern and profile of the stream above and below the crossmg shall not be modified Disturbed floodplams and streams shall be restored to natural geomorphic conditions 16 The use of rip rap above the Normal High Water Mark shall be mmimized Any rip rap placed for stream stabilization shall be placed m stream channels m such a manner that rt does not impede aquaric hfe passage 17 The Permittee shall ensure that the final design drawmgs adhere to the permit and to the permit drawmgs submitted for approval 18 All work m or ad�acent to stream waters shall be conducted m a dry work area Approved BMP measures from the most current version of NCDOT Construction and Mamtenance Activrties manual such as sandbags rock berms cofferdams and other diversion structures shall be used to prevent excavation m flowmg water 19 Heavy equipment shall be operated from the banks rather than m the stream channel m order to mmunize sedimentation and reduce the mtroduction of other pollutants uito the stream 20 All mechamzed equipment operated near surface waters must be regularly mspected and mamtamed to prevent contammation of stream waters from fuels lubricants hydrauhc fluids or other toxic materials 21 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 22 Dischargmg hydroseed mixtures and washmg out hydroseeders and other equipment m or ad�acent to surface waters is prohibrted 23 The permittee and its authorized agents shall conduct rts activrties ui a manner consistent with State water quality standards(uicludmg any requirements resultmg from comphance with§303(d)of the Clean Water Act)and any other appropriate requ�rements of State and Federal law If NCDWQ determmes that such standards or laws are not bemg � met(mcludmg the failure to sustam a designated or achieved use)or that State or federal law is beuig violated or that further condrtions are necessary to assure comphance NCDWQ may reevaluate and modify th�s cert�fication 24 A copy of this Water Quality Certification shall be maintamed on the construction site at all tunes In addition the Water Quality Certification and all subsequent modifications if any shall be mamtamed with the Division Engmeer and the on site pro�ect manager 25 The outside buffer wetland or water boundary located withm the construction corridor approved by this authonzation shall be clearly marked by highly visible fencmg prior to any land disturbuig achvrties Impacts to areas withm the fencmg are prohibrted unless otherwise authorized by this certification 26 The issuance of this certification does not exempt the Permittee from complyuig w�th any and all statutes rules regulations or orduiances that may be imposed by other government agencies(i e local state and federal)havmg �urisdiction mcludmg but not hmrted to apphcable buffer rules stormwater management rules soil erosion and sedimentation control requ�rements etc 27 The Permittee shall report any violations of this certification to the Divis�on of Water Quahty wrthm 24 hours of discovery 28 Upon completion of the pro�ect(mcludmg any unpacts at associated borrow or waste sites) the NCDOT Division Engmeer shall complete and return the enclosed Certification of Completion Form to notify NCDWQ when all work mcluded m the 401 Certification has been completed 29 Nahve nparian vegetation(i e trees and shrubs native to your geographic region)must be reestablished m the riparian areas wrthm the construction limits of the pro�ect by the end of the growmg season followmg complerion of � construction 30 There shall be no excavation from or waste disposal mto �urisdictional wetlands or waters associated with this permrt without appropriate modification Should waste or bonow srtes or access roads to waste or borrow srtes be located m wetlands or streams compensatory mrtigation will be requued smce that is a du-ect impact from road construction activrties 31 Erosion and sediment control practices must be ui full comphance with all specifications governmg the proper design mstallation and operation and mamtenance of such Best Management Pracrices m order to protect surface waters standards a The erosion and sedunent control measures for the pro�ect must be designed mstalled operated and mauitamed u�► accordance wrth the most recent version of the North Carolena Sedrment and Eros�on Control Planntng and Design Manual b The design mstallation operation and mamtenance of the sediment and erosion control measures must be such that they equal or exceed the requ�rements specified m the most recent version of the North Carolrna Sediment and Erosion Control Manual The devices shall be mamtamed on all construction sites borrow srtes and waste pile (spoil) pro�ects u►cluding contractor owned or leased borrow pits associated with the pro�ect c For borrow prt sites the erosion and sediment control measures must be designed mstalled operated and mauitamed m accordance wrth the most recent version of the North Carolina Surface Mintng Manual ' d The reclamation measures and unplementation must comply wrth the reclamation m accordance wrth the requu-ements of the Sedimentation Pollution Control Act 32 Sedunent and erosion control measures shall not be placed m wetlands or waters unless otherwise approved by this Certification 33 The permittee will need to adhere to all appropriate m water work moratoria(mcludmg the use of pile drrving or vibration techmques)prescribed by the NC Wildlife Resources Commission No u1 water work is permitted between February 15 and September 30 of any year without prior approval from the NC Division of Water Quality and the NC Wildhfe Resources Commission In addition the permittee shall conform with the NCDOT pohcy entrtled Stream Crossu►g Guidelmes for Anadromous Fish Passage(May 12 1997)at all times If you wish to contest any statement ui the attached Certification you must file a petrtion for an admmistrative hearuig You may obtam the petition form from the office of Admmistrative hearmgs You must file the petirion wrth the office of Admmistrative Hearmgs withm sixty(60)days of receipt of this norice A petrtion is considered filed when rt is received m the office of Admmistrative Hearulgs during normal office hours The Office of Admulistrarive Hearmgs accepts fihngs Monday through Friday between the hours of 8 OOam and 5 OOpm except for official state holidays The origmal and one(1)copy of the petrtion must be filed with the O�ce of Admmistrative Hearmgs The petition may be faxed provided the origu►al and one copy of the document is recerved by the Office of Admmistrative Hearmgs withm five(5)busmess days followmg the faxed transmission The mailu�►g address for the Office of Admmistrahve Hearmgs is Office of Admmistrative Hearmgs 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 733 2698 Facsimile (919) 733 3478 A copy of the petition must also be served on DENR as follows Ms Mary Penny Thompson General Counsel Department of Env�ronment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 , 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 Ridmgs at 919 807 6403 Smcerely ���� �� � Coleen H Sullms D�rector Cc Chad Coggms Division 4 Env�ronmental Officer Tom Steffens US Army Corps of Engmeers Washmgton Field Office Travis Wilson NC Wildhfe Resources Commission Chris Manley NCDOT Natural Envu-onment Umt File Copy