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HomeMy WebLinkAbout20110949 Ver 1_Approval Letter_201112223 NIMA MCDENR North Carolina Department of FnvironmLnt and Natural Resources Division of Water Quality Beverly Faves Perdue Cohen H Sullins Dee Freeman Governor Director Secretary. December 22 2011 Pasquotank County DWQ Project No 20110949 Bi idges 1 and 2 over Knobbs Creek TIP B 4599 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Dr Gregory Thorpe Ph D Environmental Management Director Project Development and Environmental Analysis Branch N C Department of Transportation 1548 Mail Service Curter Raleigh North Carolina 27699 1548 Dear Dr Thorpe You have our approval in accordance with the conditions listed below for the following impacts for the purpose of replacing Bridge. Numbers 1 and 2 over Knobbs Creek on US 17 /Hwy 158 in Pasquotank County XXI +1 nA an(i Ctrnam linnaefe in thn Pncnnntank Rasm Site Number Wetlands Fill (ac) Wetlands Excavation (ac) Wetlands Fill (ac) Temp Wetlands Hand Clearing (ac) Streams (Fill) 1 006 0 0 0 05 2 0 0 0 001 3 0 0 0 003 85 4 0 <001 <001 001 5 <0 01 0 0 <0 01 Utility <0 01 005 006 3 94 Total 007 005 007 4 04 85 Net Total Impacts 012 007 404 85 The project shall be constructed in accordance with your application dated received October 25 2011 After reviewing your application we have decided that these impacts are covered by General Water Quality Certification Numbers 3819 and 3701 These certifications correspond to the Nationwide Permits 12 and 23 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 North Carolina Division of Water Quality Internet www newaterquali ore 943 Washington Square Mall Phone 252 946 6481 Washington NC 27889 I AX 252 946 9215 An Equal OpportunitylAffirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper Nf Carolina WAU'alloy Page 2 of 5 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 certif► ►cation 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 (i 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 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 3 The Perm►ttee shall ensure that the final design drawings adhere to the certifi ►cation and to the drawings submitted for approval 4 The permittee will need to adhere to all appropriate in water work moratoria (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission and NC Division of Marine Fisheries No in water work is permitted between February 15 and June 15 of any year without prior approval from the NC Division of Water Quality and the NC Wildlife Resources Commission In addition the permittee shall conform with the NCDOT policy entitled Stream Crossing Guidelines for Anadromous Fish Passage (May 12 1997) at all times 5 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 6 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 7 During the construction of the project no staging of equipment of any kind is permitted in waters of the U S or protected riparian buffers 8 The dimension pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodpla►ns and streams shall be restored to natural geomorphic conditions 9 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 10 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 11 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 12 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited Page 3 of 5 13 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 14 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 15 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 16 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 17 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 18 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 19 The post construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations The impacted areas shall be revegetated with appropriate native species 20 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods More specifically ,letting or other methods of pile driving are prohibited without prior written approval from NCDWQ 21 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification 22 Bridge deck drams 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 23 Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage Bioengmeermg boulders or structures should be properly designed sized and installed Page 4 of 5 24 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 25 Upon completion of the project (including any impacts at associated borrow or waste site) the NCDO I Division Engineer shall complete and return the enclosed Certification of Completion Form to notity DWQ when all work included in the 401 Certification has been completed 26 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 Fngmeer and the on site project manager If you do not accept airy of the conditions of this certification you may ask for an adjudicatory hearing You must act within 60 days of the date that you receive this letter fo ask for a heaung 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 1 ly6ov-1-x , 1 for ColeeK Sullins Attachments (General Certification and Certificate of Completion form) cc Clay Willis DO1 Division 1 Environmental Officer Bill Biddlecome US Army Corps of Engineers Washington Field Office Stephen Lane DCM Morehead City Sonia Carrillo DWQ 401 /Wetlands Unit File Copy