HomeMy WebLinkAbout20110904 Ver 1_Approval Letter_20111222F
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December 22 2011
Pitt County
DWQ Project No 201 10904
Bridge 104 over Conetoe Creek
TIP BD 5102 A
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 out approval in accordance with the conditions listed below for the following impacts for the purpose of
replacing Bridge No 104 over Conetoe Cr"k on SR 1409 (Penny Hill Rd) in Pitt County
Buffer. Stream. and Wetland Impacts in the Tar Pamlico River Basin
*impacts due to bridge pilings
The project shall be constructed in accordance with your revised application dated received December 19 2011
After reviewing your application 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 In addition you should 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
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
North Carolina Division of Water Quality Internet www ncwlterquality org One
943 Washington Square Mall Phone 252 946 6481 N hCarohna
Washington NC, 27889 FAX 252 946 9215 Naturally
An Equal Opportunity /Affirmative Acton Employer — 50 / Recycled/10 / Post Consumer Paper
Buffer Zone 1
Buffer Zone 2
Wetlands
Stream
Site Numbei
(sq ft )
(sci ft
ac
Oil ft
1
656
1515
02
2
14
746
0
W7 Wo
3
80
1559
0
4
0
574
0
4-11
Total
750
4 394
02
Net Total
5 144
02
120*
*impacts due to bridge pilings
The project shall be constructed in accordance with your revised application dated received December 19 2011
After reviewing your application 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 In addition you should 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
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
North Carolina Division of Water Quality Internet www ncwlterquality org One
943 Washington Square Mall Phone 252 946 6481 N hCarohna
Washington NC, 27889 FAX 252 946 9215 Naturally
An Equal Opportunity /Affirmative Acton Employer — 50 / Recycled/10 / Post Consumer Paper
Page 2 of 5
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 (► a 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 Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
3 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval
4 The permittee 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
5 All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to biological
criteria exceedances shall not discharge stormwater directly to surface waters Stormwater shall be treated
using appropriate best management practices (e g vegetated conveyances constructed wetlands detention
ponds etc ) prior to discharging to surface waters
6 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 project must 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
7 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 and possible aquatic life and fish kills
8 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
9 During the construction of the protect no staging of equipment of any kind is permitted in waters of the U S or
protected riparian buffers
10 The dimension pattern and profile of the stream above and below the crossing shall not be modified
Disturbed floodplams and streams shall be restored to natural geomorphic conditions
11 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
Page 3 of 5
12 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
13 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
14 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
15 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
16 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities unless
otherwise approved by this certification
17 All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated Maintained 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 NCDOT 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
18 Pursuant to 15A NCAC 213 0259(6) sediment and erosion control devices shall not be placed in Zone 1 of any
Tar Pamlico Buffer without prior approval by NCDWQ At this time 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
19 New roadside ditches must be in compliance with the nitrogen control and diffuse flow requirements outlined in
15A NCAC 2B 0259
20 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
construction
21 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
22 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
23 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods More specifically betting or other methods of pile driving are prohibited without prior written
approval from NCDWQ
24 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification
25 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 scour holes vegetated buffers etc )
before entering the stream Please refer to the most current version of Stormwater Best Management Practices
Page 4 of 5
26 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 sired and installed
27 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
28 A copy of this Water Quality Certification shall 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 icceive this letter To ask fora heating send a written petition that conforms
to Chapter 150B 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
Sincerely
QA 4
for Coolc6 Sullins
Attachments (General Certification and Ceitrfic.ate of Completion form)
cc 1 om Steffens US Army Corps of Lngin"rs Washington Field Office
Sonia Carrillo NC DWQ 101 /Wetlands Unit
Pile Copy