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Home My WebLink About20111074 Ver 1_Approval Letter_20111212,, ' Beverly Eaves Perdue Governor � l �� North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H Sullms Director December 12 2011 Vance County NCDWQ Pro�ect No 2011074 Bridge 67 on SR 1120 TIP No BD S 105C APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR PAMLICO BUFFER AUTHORIZATION, w�th ADDITIONAL CONDITIONS Mr J W Bowman P E D�vision Engmeer NCDOT Division 5 2612 North Duke Street Durham NC 27704 Dear Mr Bowman Dee Freeman Secretary You have our approval m accordance wrth the condrtions listed below for the followmg �mpacts for the purpose of replacmg Bridge 67 in Vance County Stream Im acts m the Tar Paml�co R►ver Bas�n S�te R� ra F►ll to Perenn�al Stream linear ft Total Stream Im I 66 66 Totai 66 66 Total Stream Impact for Pro�ect 66 Imear feet S�te 1 Wetland Im acts m the Tar Paml�co Rrver Basm Temporary Fdl (ac) Total Wetland Im 0 O1 0 O1 Total 0 O1 Total Wetland Impact for Pro�ect 0 Ol acres S�te Zone 1 Impact (sq ft) 1 I 2666 Tar Pamhco R� ar�a minus = Zone 1 Zone 1 Buffer Wetlands Buffers (not Mit�gat�on m Zone 1 wetlands) Requ�red (sq ft) (sq ft) (usmg 3 1 rat�o) 0 2666 N/A Buffer Im � ��s Zone 2 ��t Impact �,� (sq ft) 1022 m�nus Wetlands m Zone 2 (sq ft) 0 ft 0 O1 I = Zone 2 Zone 2 Buffer Buffers M�t�gat�on (not Required (usmg wetlands) 1 5 1 rat�o) 1022 I N/A Totals I 2666 I 0 2666 I 0 I�I 1022 I 0 I 1022 * n/a = Total for Site is less than 1/3 acre and 1501u►ear feet of impact no mrtigat�on required Total Buffer Impact for Pro�ect 3 688 square feet Transportation Permitting Unit 1650 Maii Service Center Raleigh North Carolina 27699 1650 Location 512 N Salisbury Street Raleigh North Carolina 27604 Phone 919-807 63001 FAX 919$07 6494 Internet http llportal ncdenr orglweblwq An Equal Opportunity 1 Affirmative Action Employer 0 NorthCarolina ��`l��°�`�lJ The pro�ect shall be constructed m accordance w�th your applicat►on dated rece�ved December 8 2011 After reviewmg your applicahon we have decided that these tmpacts are covered by General Water Quality Certtfication Number 3687 This certificat�on corresponds to the Nat�onwide Permit 3�ssued by the Corps of Engmeers This approval is also valid for the Tar Paml�co Riparian Buffer Rules (15A NCAC 2B 0259) In addrtion you should acqutre any other federal state or local permrts before you proceed with your pro�ect mcludmg (but not limited to) Sediment and Erosion Control Non Discharge and Water Supply Watershed regulations This approval will exptre with the accompanymg 404 permrt This approval �s valid solely for the purpose and destgn described m your apphcation (unless modified below) Should your pro�ect change you must not�fy the NCDWQ and submit a new application If the property is sold the new owner must be grven a copy of this Certification and approval letter and is thereby respons�ble for complymg wtth all the conditions If total wetland fills for this pro�ect (now or m the future) exceed one acre or of total impacts to streams (now or �n the future) exceed 150 lmear feet compensatory mitigation may be required as described u► I SA NCAC 2H 0506 (h) (6) and (7) Addrtional buffer impacts may requu-e compensatory mrtigation as described in 15A NCAC 2B 0260(9) For this approval to remam val�d you must adhere to the condrtions listed m the attached cert�ficat�on(s) and any add�tional condrtions listed below Cond�t�ons of Cert�ficat�on 1 Strict adherence to the most recent vers�on of NCDOT s Best Management Pract�ces For Bridge Demolition and Removal approved by the US Army Corps of Engmeers is a cond�t�on of the 401 Water Qual�ty Cert�fication 2 Br�dge deck drams shall not d�scharge directly mto the stream Stormwater shall be directed across the brtdge 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 Practrces 3 All ripar�an buffers impacted by the placement of temporary fill or clearmg activ�ties shall be restored to the preconstruction contours and revegetated Ma►ntamed 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 condrtion mamtamed buffer areas are defined as areas w�thm the transportation corridor that will be sub�ect to regular NCDOT mamtenance activrt�es �ncludmg mowmg The area wrth non mamtamed buffers shall be permanently revegetated wtth native woody species before the next growmg season followmg completion of construction 4 Pursuant to 15A NCAC 2B 0259(6) sedunent and erosion control devices shall not be placed m Zone 1 of any Tar Pamlico Buffer without prior approval by NCDWQ At this time NCDWQ has approved no sediment and eros�on control devices m Zone 1 outside of the approved pro�ect unpacts anywhere on th�s pro�ect Moreover sedunent 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 5 All stormwater runoff shall be du-ected as sheetflow through stream buffers at nonerosive velocities unless otherwise approved by this certificarion 6 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 madvertently contacts uncured concrete shall not be discharged to surface waters due to the potenttal for elevated pH and possible aquat�c tife and fish kilis 7 Durmg the construct�on of the pro�ect no stagmg of equipment of any kmd �s permitted m waters of the U S or protected ripanan buffers 8 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 condittons 9 The use of rtp rap above the Normal High Water Mark shall be mmimized Any np rap placed for stream stabilization shall be placed u► stream channels m such a manner that �t does not impede aquatic life passage 10 The Permittee shall ensure that the final design drawmgs adhere to the permit and to the permrt drawmgs submitted for approval 11 All work m or ad�acent to stream waters shall be conducted m a dry work area Approved BMP measures from the most current verston of NCDOT Construct�on and Mamtenance Act�vities manual such as sandbags rock berms cofferdams and other d�version structures shall be used to prevent excavat�on m flowmg water 12 Heavy equipment shall be operated from the banks rather than m the stream channel m order to mmim�ze sedimentation and reduce the mtroduction of other pollutants mto the stream 13 All mechanized equipment operated near surface waters must be regularly mspected and mamtained to prevent contaminatton of stream waters from fuels lubricants hydraulic fluids or other tox�c materials 14 No rock sand or other materials shall be dredged from the stream channel except where authorized by this cert�ficat�on 15 Discharg�ng hydroseed mixtures and washmg out hydroseeders and other equipment m or ad�acent to surface waters �s proh�brted 16 The perm�ttee and its authorized agents shall conduct its actrvrties m a manner consistent wrth State water quahty standards (mcludmg any requ�rements resultmg from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law If NCDWQ determines that such standards or laws are not bemg met (mcluding the failure to sustam a designated or achieved use) ar that State or federal law is bemg vtolated or that further condrtions are necessary to assure compLance NCDWQ may reevaluate and mod�fy thts certtficarion 17 All fill slopes located m �urisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this cert�fication 18 A copy of th�s Water Qual�ty Certification shall be mamtamed on the construction s�te at all t�mes In addition the Water Qual�ty Certification and all subsequent modifications if any shall be maintained wrth the Division Engmeer and the on s�te pro�ect manager 19 The outside buffer wetland or water boundary located w�thm the construct�on corr�dor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbmg act�v�ties Impacts to areas wrthin the fencmg are proh�brted unless otherwise authonzed by th�s certificat�on 20 The issuance of th�s certification does not exempt the Permittee from complymg with any and all statutes rules regulations or ordmances that may be imposed by other government agencies (� e local state and federal) havmg �urisdictton includmg but not limrted to apphcable buffer rules stormwater management rules soil erosion and sedimentation control requ�rements etc 21 The Permittee shall report any violahons of this certificahon to the Divis�on of Water Quality wrthm 24 hours of discovery 22 Upon completion of the pro�ect (mcludmg any impacts at assoc�ated borrow or waste srtes) the NCDOT Division Engineer shall complete and return the enclosed Certtficatton of Completion Form to notify NCDWQ when all work mcluded ui the 401 Cert�ficatton has been completed 23 Natrve nparian vegetation (� e trees and shrubs natrve to your geographic reg�on) must be reestablished in the ripar�an areas wrthm the construction hmits of the pro�ect by the end of the growtng season followmg complehon of construction 24 There shall be no excavation from or waste d�sposal mto �urisd�ctional wetlands or waters associated wrth th�s permit w�thout appropriate modification Should waste or borrow sites or access roads to waste or borrow srtes be located m wetlands or streams compensatory mrttgation will be required smce that is a direct impact from road construction activ�t�es 25 Sed�ment and eros�on control measures shall not be placed u► wetlands or waters unless otherwise approved by this Cert�fication 26 Erosion and sed�ment control practices must be m full comphance with all spec�fications governmg the proper des�gn installation and operat�on and mamtenance of such Best Management Practices m order to protect surface waters standards a The eros�on and sediment control measures for the pro�ect must be des�gned mstalled operated and mamtamed m accordance wtth the most recent version of the North Carol�na Sediment and Erosion Control Plannrng and Design Manual b The des�gn mstallation operation and mamtenance of the sediment and eroston control measures mast be such that they equal or exceed the requ�rements specified m the most recent vers�on of the North Carol�na Sediment and Erosion Control Manual The devices shall be mamtau�ed on all construct�on s�tes borrow sites and waste pile (spo�l) pro�ects mcluding contractor owned or leased borrow pits assoc�ated with the pro�ect c For borrow pit sites the eroston and sed�ment control measures must be designed mstalled operated and mamtamed m accordance with the most recent version of the North Carokna Surface Mrnrng Manual d The reclamation measures and implementat�on must comply w�th the reclamation in accordance w�th the requirements of the Sedimentation Pollut�on Control Act If you wish to contest any statement �n the attached Cert�fication you must file a petition for an admm�strat�ve hearmg You may obtain the petrt�on form from the office of Admmistrative hearings You must file the petition with the office of Admmistrative Hearmgs w�thm sixty (60) days of receipt of this not�ce A petition is cons�dered filed when it is rece�ved �n the office of Admm�strative Hearmgs durmg normal office hours The Office of Admmistrative Hearings accepts filmgs Monday through Friday between the hours of 8 OOam and 5 OOpm except for official state hohdays The origmal and one (1) copy of the petit�on must be filed wrth the Office of Admmistrative Hear►ngs The petition may be faxed prov�ded the or�gmal and one copy of the document �s rece�ved by the Office of Admmistrat�ve Heanngs with�n five (5) busmess days follow�ng the faxed transmission The mailmg address for the Office of Admmistrative Hearir►gs is Office of Admin�strative Hearmgs 6714 Mail Service Center Raletgl� NC 27699 6714 Telephone (919) 733 2698 Facs�mile (919) 733 3478 A copy of the petition must also be served on DENR as follows Ms Mary Penny Thompson General Counsel Department of Environment and Natural Resources 1601 Mail Servtce Center Raleigh NC 27699 1601 This letter completes the rev�ew 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 i�� - / Coleen H Sullms Director Cc Chris Murray Div�s�on 5 Environmental Officer Eric Alsmeyer US Army Corps of Engu►eers Raleigh Fteld Office File Copy