HomeMy WebLinkAbout20070683 Ver 1_Approval Letter_20070502Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 2, 2007
Vance County
DWQ Project No. 20070683
Bridge No. 3 on SR 1107
TIP No. B-4298
APPROVAL of TAR-PAMLICO BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS
Dr. Gregory J. Thorpe, Ph.D., Environmental Management Director
NCDOT,PDEA
1598 Mail Service Center
Raleigh, NC 27699
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. 3 in Vance County:
Tar-Pamlico Riparian Buffer Impacts
Site Zone 1
Impact
(sq ft) minus
Wetlands
in Zone 1
(sq ft) =Zone 1
Buffers (not
wetlands)
(sq ft) Zone 1 Buffer
Mitigation
Required
(using 3:1 ratio) Zone 2
Impact
(sq ft) minus
Wetlands
in Zone 2
(sq ft) =Zone 2
Buffers
(not
wetlands)
s ft Zone 2 Buffer
Mitigation
Required (using
1.5:1 ratio)
1 281 0 281 843 0 0 0 0
2 159 0 159 477 0 0 0 0
3 282 0 282 846 0 0 0 0
4 679 0 679 2,037 0 0 0 0
5 1,453 0 1,453 4,359 0 0 0 0
6 4,110 0 4,110 N/A 3,709 0 3,709 N/A
7 2,782 0 2,782 N/A 1,932 0 1,932 N/A
Totals 9,746 0 9,746 8,562 5,641 0 5,641 0
* n/a = No mitigation required (allowable impact).
Total Buffer Impact for Project: 15,387 square feet.
The project shall be constructed in accordance with your application dated received Apri120, 2007. This approval is
also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B.0259). 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 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 1501inear 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 below.
N..,oQQne~~Cazolina
Transportation Permitting Unit ~/VlrtuCa~~lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-68931 Internet: http://h2o.enr.state.nc.usJncwetlands
An Equal OpportunitylAffimtative Action Employer- 50% Recycled110% Post Consumer Paper
• ~. Michael F. Easley, Governor
William G• Ross Jr., Secretary
~ment of Environment and Natural Resources
plan W • Klimek P•E• Director
~j~j A7E'~j North Carolina DePa Division of Water Quality
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buffers in Zone 1 shall
rotected riparian offer Mitigation.
Conditions of Certification: 854 square feet of p uare feet of Zone 1 B
ation for impacts to 2, uue g 562 sq
ensatory nvtlg this will req offer restoration.
1 • Comp A lying mitigation ratios, site Zone 1 B
• be required. Pp rovide 403 square feet of on- ent shall include a
DOT shall p Ve etation reestablishm rovide 320
a As per your application, 0260(9), riparian g density sufficient to p hOtographtc
C 02B • ecies planted at a with p
with 15A NCA DOT shall provide DW Q er acre after 5
In accordance ual reporting' eve the 320 trees p
mi~rnum of at least 2 nati In 1 eu of anti ee s Failure to ac~ TOVide appropriate remedial
trees per acre at ~t„rty. has been achieved. ort sh p ti anon area shall
b the DOT to DwQ• The rep is required. The mi g ro erty's
documentation that t o~ngsly e lan by the DWQ rotection of the p P
years will require rep P, royal of th p rovide for p
actions to be implemented. Pp anon
'_~ er a perpetual conservation easement that wil P et of Zone 1 Buffer Mitig acts
be placed and fining g,159 square fe avoidable imp
nutrient removal efficiencies. the rema Mitigation for un
'~ ou have chosen to performncement Program (EEP)' some responsibility
that y tem Enh ico River Basin and dl as in accordance ~~ e
b. W e understand Carolina Ecosys the Tar-Panil 200"1 that il1ey w?• th
rovided in rO ect, in accordance with
through use of the North offers shall be p
ico gipanan B a letter dated January 22, 2004.
Pam1• eats for the above-referencenpl2,
to Tar1CAC 2B 0259. EEP has indicated in uuem ]v1OA signed on Ap
15A ensatory negation req
the comp 2003 and the Dual Party
for satisfyMOA signed on July 22,
Pam, the project pee to its s ecies.
Tri- es must return ro riate native p
a
temporary bridge s~°~ etated ~'iil' pp
acted areas shall be reveg e ,DemOliti°n and
2 The post-construction removal of any The imp
ement Pr mater Qua Ty Certification.
- reconstnlction Contours and elevations. CDOT s Best Manag
_ p of the 401 bridge
° s of Engineers is a condition
retire to the most recenC ersion of N all be directed across ~ etc.)
- 3 Strict adhe the US Army ~ water sh
roved by e stream. Storm holes, vegetated buffers,
Removal app e directly into th re-formed scour eYnent Practices.
should not discharg eans (grassed swales, p
rid e deck drams -a TOpriate m current version of Stormn'ater Best ManaS cities, unless
- 4. B g site pP
and pre-~eated through please refer to the most
the stream. ou h streambuffers at nonerosive Ve °
before entering
water runoff shall be directed as sheetflow ~ g ctivities shall be restored to the
_ 5 • All storm this certification. etated with non-Wp°dy
otherwise approved by orary fill or clearing a reveg s condition,
lacement of temp nently pSe of thi OT
acted by tine p aintained buffers shall be pueu~on For the purp . ect to regular D
6. All riparian buffers imp etated. M letion of cons t will be sub) ently revegetated,
coon contours and reveg ortation corridor tha
preconstru owing season following th ~transp
the end of the gr nth non-maintained buffers shall be peen.
species by buffer areas are defined as areaThe area completion of constru
maintained m°wing• rowing season following laced in Zone 1 of any
maintenance ood,tsPe~es before the next g W Q has approved no sediment
. native w Y d erosion control devic~he NCDotbe p ro•ect. Moreover,
with sediment an At this time, tins p
2B.0259(6), the NCDwQ' rO ect impacts, any`'`'here on 1 is not
suant to NCACl SA rior approval by roved p j rovided that Zone
- 7. Pur thout p outside of the app of the buffers p
Tat-Pan~lcO Buffer wi one 1, allowed in Z°ne 2
and erosion control devices in Z er tnat precludes
bed in a marul
sediment and erosion control devices shall e c
t discharge is released as diffuse fl°~'' ed in the stream ized and installed.
compromised and tha channel or Pla TOperly designed, s Noe Carob
laced in the active thalWeg ctures should be P ~tural~
8 Riprap should tie t gio ugineering boulders or stru
aquatic life passag
ittin Unit 1650
Transportation Pe enter, Raleigh, North Carolina 27699-
Raleig Carolina 27604 nc.uslncwetlands
1650 Mail Service ^ a«i Suite 250. _..,..,h' N ° et; htt a1h2o•enrstate • , ~o~ o~~t Consumer Papef
~ WgTF Michael F. Easley, Governor
Q 9
Q~ QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
`
~ ~ Alan W. Klimek, P.E. Director
] Division of Water Quality
~
D ~
9. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
10. 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.
11. The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
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. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
18. A copy of this Water Quality Buffer Authorization shall be posted on the construction site at all times. In
addition, the Water Quality Buffer Authorization and all subsequent modifications, if any, shall be maintained with
the Division Engineer and the on-site project manager.
19. 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.
20. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ when all work included in this Buffer Authorization has been
completed.
21. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
22. 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 be located in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road construction activities.
one Carolina
Transportation Permitting Unit N~QtiICQ~~I,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-689311ntemet: http:l/h2o.enr.state.nc.uslncwetlands
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper
~. Nf/~]'~ Michael F. Easley, Governor
~O~O 9~L William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~ ~ Alan W. Klimek, P.E. Director
>_ ~ Division of Water Quality
U ~' ~'
~_~ -~
'~°:
23. 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.
24. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored upon completion of the project.
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 Rob Ridings at (919) 733-9817.
Since ly,
lan W. Klimek, P.E.
Attachment (Certificate of Completion form)
cc: Amy James, NCDOT PDEA
Chris Murray, Division 5 Envirorunental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish and Wildlife Service
Ecosystem Enhancement Program
DWQ Raleigh Regional Office copy
File Copy
Naone~Carolina
Transportation Permitting Unit d -'ul~uCQ~~I~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-6893 /Internet: http:/Ih2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmativeAaion Employer- 50% Recycledll0% Post Consumer Paper