HomeMy WebLinkAbout20111078 Ver 1_Approval Letter_20111213, ��
Beverly Eaves Perdue
Governor
Site
Bridge
Crossmg
Parallel
Road Fill
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H Sullins
Director
December 13 2011
Granville County
NCDWQ Pro�ect No 20111078
Br�dge 20 on SR 1705
TIP No BD S 105E
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR PAMLICO BUFFER
AUTHORIZATION w�th ADDITIONAL CONDITIONS
n
Mr J W Bowman P E Drvision Engmeer
NCDOT D�v�s�on 5
2612 North Duke Street
Durham NC 27704
Dee Freeman
Secretary
Dear Mr Bowman
You have our approval m accordance wrth the condrtions listed below for the followmg impacts for the purpose of
replacmg Brtdge 20 m Granville County
Stream Im acts �n the Tar Paml�co Rrver Basm
S�te R� ra Stabd�zat►on to Perenn�al Stream hnear ft Total Stream Im
1 158 158
Total 158 158
Total Stream Impact for Pro�ect 158 Imear feet
Tar Pamhco Ri ar�an Buffer Im acts
Zone 1 mrnus = Zone 1 Zone 1 Buffer Zone 2 m�nus
Impact Wetlands Buffers (not M�t�gat�on Impact Wetlands
(sq ft) m Zone 1 wetlands) Requ�red � (sq ft) m Zone 2
(sq ft) (sq ft) (usmg 3 1 rat�o) 7 (sq ft)
4206 0 4206 N/A � 1471 0
958 0 958 2874 � 356 0
Totals I 5164 I 0 I 5164 I 2874 I�
* n/a = Impact is allowable no mitigat�on requ�red
Total Buffer Impact for Pro�ect 6,991 square feet
Transportation Permitting Unit
1650 Mad Service Center Raleigh North Carolina 27699 1650
Location 512 N Salisbury Street Raleigh North Carolina 27604
Phone 919-807 63001 FAX 919 807 6494
Internet http llportal ncdenr orglweblwq
An Equal Opportunity 1 Affirmative Action Employer
1827 I 0
= Zone 2
Buffers
(not
wetlands)
(sq ft)
1471
356
1827
Zone 2 Buffer
M�t�gat�on
Requ�red (usmg
1 5 1 rat�o)
N/A
534
534
NorthCarolina
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r The pro�ect shall be constructed m accordance wrth your appl�cation dated received December 8 2011 After
reviewmg your appl►cation we have decided that these impacts are covered by General Water Quahty Certification
Number 3687 This cert�fication corresponds to the Nationw�de Permit 3 issued by the Corps of Engmeers Th�s
approval is also valid for the Tar Pamlico Ripanan Buffer Rules ( l5A NCAC 2B 0259) In addrt�on you should
acquire any other federal state or local perm�ts before you proceed wrth your pro�ect mcludmg (but not limited to)
Sediment and Eroston Control Non Discharge and Water Supply Watershed regulations This approval wtll exp�re
wrth the accompany�ng 404 permrt
This approval �s valid solely for the purpose and design described m your applicat�on (unless modified below)
Should your pro�ect change you must notify the NCDWQ and submit a new application If the property is sold the
new owner must be given a copy of this Cert�ficat�on and approval letter and is thereby responsible for complymg
with all the condrt�ons If totat wetland fills for this pro�ect (now or m the future) exceed one acre or of total
impacts to streams (now or m the future) exceed 150 I►near feet compensatory m�tigation may be requ�red as
descnbed m 15A NCAC 2H 0506 (h) (6) and (7) Addrtional buffer impacts may require compensatory mitigation
as descnbed m I SA NCAC 2B 0260(9) For this approval to rema�n valid you must adhere to the condit�ons l�sted
m the attached certification and any add�honal condit�ons hsted below
Condit�ons of Cert�fication
1 Compensatory m�tigat�on for impacts to 958 square feet of protected riparian buffers m Zone I and 356 square feet
of protected r�parian buffers m Zone 2 shall be requ�red We understand that you have chosen to perform
compensatory mitigat�on for impacts to protected buffers through use of the North Carolma Ecosystem Enhancement
Program (EEP) Mit�gat�on for unavo�dable �mpacts to Tar Pamlico Riparian Buffers shall be prov�ded m the Tar
Pamltco R�ver Basin and done in accordance wrth 15A NCAC 2B 0259 It �s understood that the EEP wtll
responsibil�ty for satisfying the federal Clean Water Act compensatory mitigation requirements for the above
referenced pro�ect �n accordance wrth the North Carolma Department of Environment and Natural Resources
Ecosystem Enhancement Program In Lieu Fee Instrument signed July 28 2010
2 Strict adherence to the most recent vers�on of NCDOT s Best Management Pract�ces For Bridge Demolit►on and
Removal approved by the US Army Corps of Engmeers �s a condrtion of the 401 Water Quality Certificat�on
3 Bridge deck drains shall not discharge into the stream Stormwater shall be dtrected across the bridge 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 Pract�ces
4 All riparian buffers impacted by the placement of temporary fill or cleanng actrvrt�es shall be restored to the
preconstruction contours and revegetated Mamtamed buffers shall be permanentty revegetated with non woody
spec�es by the end of the growmg season followmg completion of construction For the purpose of this condition
mamtamed buffer areas are defined as areas wrthm the transportarion corndor that w�ll be sub�ect to regular NCDOT
mamtenance activities mcluding mowmg The area with non mamtamed buffers shall be permanently revegetated w�th
native woody species before the next growmg season fo(lowmg completton of construct�on
5 Pursuant to 15A NCAC 2B 0259(6) sediment and eros�on control devices shall not be placed ui Zone 1 of any Tar
Pamlico Buffer wtthout prior approval by NCDWQ At th�s time NCDWQ has approved no sediment and erosion
control devices ul Zone 1 outside of the approved pro�ect unpacts anywhere on this pro�ect Moreover sediment and
erosion control dev�ces shall be allowed m Zone 2 of the buffers prov�ded that Zone 1�s not compromised and that
discharge �s released as d�ffuse flow
6 All stormwater runoff shall be directed as sheetflow through stream buffers at noneros�ve velocrt�es unless
otherwise approved by this certification
7 If concrete �s used durmg construct�on a dry work area shall be mamtamed to prevent direct contact between
curu►g concrete and stream water Water that madvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquat�c life and fish kills
8 Durmg the construct�on of the pro�ect no stagmg of equipment of any kmd is permitted m waters of the U S or
protected ripartan buffers
9 The d�mension pattern and profile of the stream above and below the crosstng shall not be modified D�sturbed
floodplams and streams shall be restored to natural geomorphic condit�ons
10 The use of rip rap above the Normal High Water Mark shall be mimmized Any rip rap placed for stream
stab�lization shall be placed m stream channels m such a manner that �t does not impede aquatic l�fe passage
11 The Perm�ttee shall ensure that the final des�gn drawmgs adhere to the perm�t and to the permit drawmgs
submttted for approval
12 All work in 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 in flowmg water
t3 Heavy equipment shall be operated from the banks rather than m the stream channel m order to mm�m�ze
sedimentation and reduce the mtroduction of other pollutants mto the stream
14 All mechanized equ�pment operated near surface waters must be regularly mspected and mamtamed to prevent
contam�nat�on of stream waters from fuels lubricants hydraul�c fluids or other toxic materials
15 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
cert�fication
16 D�scharging hydroseed mixtures and wash�ng out hydroseeders and other equ�pment m or ad�acent to surface
waters is proh�brted
17 The permittee and its authorized agents shall conduct rts activities m a manner consistent wrth State water qual�ty
standards (mcludmg any requ�rements resultmg from compliance wrth §303(d) of the Clean Water Act) and any other
appropr�ate requirements of State and Federal law If NCDWQ determines that such standards or laws are not being
met (includ�ng the fa�lure to susta�n a designated or achieved use) or that State or federal law is being violated or that
further condtrions are necessary to assure compliance NCDWQ may reevaluate and modify this certification
18 A copy of th�s Water Qual�ty Certification shall be mamtau►ed on the construction stte at all ttmes In addrtion the
Water Qual�ty Certification and all subsequent mod�fications if any shall be mamtamed with the Drvis�on Engmeer
and the on site pro�ect manager
19 The outside buffer wetland or water boundary located wrthm the construcrion corridor approved by this
authonzation shall be clearly marked by highly visible fencmg prior to any land disturbmg activities Impacts to areas
wrthm the fencmg are proh�btted unless otherw�se authorized by this certificarion
20 The issuance of this cert�fication does not exempt the Permittee from complymg with any and all statutes rules
regulations or ordmances that may be imposed by other government agencies (i e local state and federal) havmg
�urisdict�on mcludmg but not limtted to appltcable buffer rules stormwater management rules soil erosion and
sedimentation control requ�rements etc
21 The Permittee shall report any violat�ons of this certification to the Div�sion of Water Qual�ty wrthm 24 hours of
discovery
22 Upon complehon of the pro�ect (uicludmg any �mpacts at associated borrow or waste srtes) the NCDOT Drv�sion
Engmeer (or whomever ts the authorized agent tf a non NCDOT pro�ect) shall complete and return the enclosed
Cert�ficatton of Complet�on Form to not�fy NCDWQ when all work mcluded m the 401 Certificat�on has been
completed i
23 Nat�ve ripartan vegetation (i e trees and shrubs nat�ve to your geographic reg�on) must be reestablished m the
riparian areas wtthin the construction hm�ts of the pro�ect by the end of the growmg season followmg completion of
construction
24 There shall be no excavatton from or waste d�sposal �nto �urisdictional wetlands or waters associated wrth this
permit w�thout appropriate modification Should waste or borrow sites or access roads to waste or borrow s►tes be
located m wetlands or streams compensatory mitigation will be requ�red since that �s a direct impact from road
construct�on activities
25 Sediment and erosion control measures shall not be placed m wetlands or waters unless otherwise approved by
this Certificahon
26 Erosion and sediment control practices must be m full compliance with all specifications governmg the proper
des�gn �nstallation and operation and mamtenance of such Best Management Practices m order to protect surface
waters standards
a The erosion and sediment control measures for the pro�ect must be des�gned mstailed operated and
mamtamed m accordance with the most recent vers�on of the North Carokna Sedrment and Eros�on
Contro[ Planning and Design Manual
b The design mstal'ation operation and maintenance of the sediment and erosion control measure�
must be such that they equal or exceed the requirements spec�fied m the most recent vers�on of the
North Carolrna Sedrment and Erosron Control Manua! The dev�ces shall be mamtatned on all
construction s�tes borrow sites and waste pile (spoil) pro�ects mcludmg contractor owned or leased
borrow pits associated w�th the pro�ect
c For borrow prt srtes the erosion and sediment control measures must be designed mstalled operated
and ma►ntamed in accordance with the most recent version of the North Carolrna Surface Mmrng
Manua[
d The reclamation measures and implementation must comply wrth the reclamation m accordance with
the requirements of the Sedimentation Pollution Control Act
If you w�sh to contest any statement u► the attached Cert�ficat�on you must file a pet�tion for an admmistrat�ve
hearmg You may obta�n the petrtion form from the office of Admmistrat�ve hearings You must file the petrtton
with the office of Admm�stratrve Hearmgs withm sixty (60) days of receipt of th�s not�ce A petition is considered
filed when �t is received m the office of Admm�strative Hearmgs dur�ng normal office hours The Office of
Admimstrat�ve Hearmgs accepts fil�ngs Monday through Friday between the hours of 8 OOam and 5 OOpm except
for official state hol�days The ongmal and one (1) copy of the petition must be filed with the Office of
Adm�mstrat�ve Hearings
The pet�t�on may be faxed provided the or�gmal and one copy of the document is rece�ved by the Office of
Admimstrat�ve Hearmgs withm five (5) busmess days followmg the faxed transmiss�on
The ma�lmg address for the Office of Admmistrative Hearmgs �s
Office of Adm►nistratrve Hearmgs
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone (919) 733 2698 Facsimile (919) 733 3478
A copy of the petrtion must also be served on DENR as follows
Ms Mary Penny Thompson General Counsel
Department of Environment and Natural Resources
1601 Mail Serv�ce Center
Raleigh NC 27699 1601
Th�s letter completes the review of the Div�sion of Water Qual�ty under Sectton 401 of the Clean Water Act If you
have any questwns please contact Rob Ridmgs at 919 807 6403
Smcerely
� � ,
Coleen H Sullms
D�rector
Cc Chris Murray Div�sion 5 Env�ronmental Officer
Er�c Alsmeyer US Army Corps of Engmeers Raleigh Field Office
Ecosystem Enhancement Program
F�le Copy