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
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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