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HomeMy WebLinkAbout20111016 Ver 1_Approval Letter_20120109f ,...,..r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakdd P E Governor Director Dee Freeman Secretary January 9 2012 Columbus County DWQ Project No 111016 Bridge 44 on NC 904 TIP Project No B 4471 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Dr Greg Thorpe PhD Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh North Carolina 27699 1598 Dear Dr Thorpe You have our approval in accordance with the conditions listed below for the following impacts for the purpose of replacing Bridge No 44 over Juniper Swamp on NC 904 in Columbus County Wetland Impacts in the Lumber River Basin (riverme) Site Fill Fill Excavation Mechanized Hand Area under Total Wetland (ac) (temporary) (ac) Clearing Clearing Bridge Impact (ac) ac ac ac ac L Sta 11 +10 to 22 +45 065 006 0 18 014 103 Total 065 006 018 014 103 Total Wetland Impact for Project 103 acres The project shall be constructed in accordance with your application dated received December 2 2011 and revisions submitted electronically on December 21 2011 After reviewing your application we have decided that these impacts are covered by General Water Quality Certification Number 3701 This certification corresponds to the Nationwide Permit 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 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 225 Green St Suite 714 Fayetteville NG 28301 5043 Phone 910-033 33001 FAX 910-486 0707 Internet www newaterguality orq An Equal Opportunity Affirmative Action Employe 50! Recycled 10 Post Consumer Paper One NofthCal ohna Natl>!rull,lf Condition(s) of Certification Protect Specific Conditions 1 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 2 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 vei sion of Stormwater Best Management Practices 3 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 first 4 This certification does not authorize any clearing of vegetation or the placement of fill in wetlands or waters for the relocation of utility lines or poles 5 The project shall be constructed in accordance with the Stormwater Management Plan submitted and dated August 15 2011 General Conditions 6 Unless otherwise approved in this certification placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches to allow low flow passage of water and aquatic life Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis equilibrium of wetlands or streambeds or banks adjacent to or upstream and down stream of the above structures The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ If this condition is unable to be met due to bedrock or other limiting features encountered during construction please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required 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 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 9 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 10 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 11 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 12 All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags rock berms cofferdams and other diversion structures shall be used to prevent excavation in flowing water 13 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 14 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 15 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 16 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 17 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 NCDWQ 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 NCDWQ may reevaluate and modify this certification 18 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 19 A copy of this Water Quality Certification shall be maintained on 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 protect manager 20 The outside buffer wetland or water boundary located within the construction corridor approved by this authorization 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 21 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 22 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 23 Upon completion of the protect (including any impacts at associated borrow or waste sites) the NCDOT Division Engineer shall complete and return the enclosed Certification of Completion Form to notify NCDWQ when all work included in the 401 Certification has been completed 24 Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction 25 There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit 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 26 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 I� 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 23 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification 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 receive this letter To ask for a hearing 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 Mason Herndon at (910) 308 4021 Sincerely a"&� 0 Charles Wakild Attachments (General Certification and Certificate of Completion form) cc Ronnie Smith Wilmington US Army Corp District Office (electronic copy only) Jim Rerko Division 6 Environmental Office (electronic copy only) Greg Burns PE Division 6 Engineer Chris Milrtscher Environmental Protection Agency (electronic copy only) Travis Wilson NC Wildlife Resources Commission (electronic copy only) Sonia Gregory NCDWQ Central Office (electronic copy only) File Copy DWQ Protect No Applicant Project Name Date of Issuance of 401 Water Quality Certification County Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules and any subsequent modifications the applicant is required to return this certificate to the 401 Transportation Permitting Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form may be returned to DWQ by the applicant the applicant s authorized agent or the project engineer It is not necessary to send certificates from all of these Applicant s Certification I hereby state that to the best of my abilities due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials Signature Date Agent s Certification I hereby state that to the best of my abilities due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials Signature Engineer's Certification Date Partial Final I as a duly registered Professional Engineer in the State of North Carolina having been authorized to observe (periodically weekly full time) the construction of the project for the Permtttee hereby state that to the best of my abilities due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials Signature Date Registration No