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HomeMy WebLinkAbout20111078 Ver 1_Approval Letter_20111213, �� Beverly Eaves Perdue Governor Site Bridge Crossmg Parallel Road Fill ����� ������ 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 ��'���"�`�� 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