Loading...
HomeMy WebLinkAbout20120313 Ver 1_Approval Letter_20120426North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld Governor Director Dr Gregory J Thorpe PhD Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh North Carolina 27699 1598 Dee Freeman Secretary Aprll26 2012 DWQ #12 0313 Gaston County SUBJECT Approval of 401 Water Quality Certification and Riparian Buffer Authorization with Additional Conditions for the Proposed Replacement of Bridge No 6 over the South Fork Catawba River on State Road (SR) 2014 (North Main Street) Federal Aid Project No BRSTP 2014(3) TIP No 8-4752 WBS 38524 1 1, Gaston County Dear Dr Thorpe You have our approval In accordance with the attached conditions and those listed below to permanently Impact a total of 0 01 acres of wetlands, 0 07 acres of open water and 4 962 square feet of buffers and to temporarily Impact 0 04 acres of wetlands and 0 02 acres of streams (approximately 60 linear feet) as listed In the table below Wetland Impacts in the Catawba River Basin Total Wetland Impacts for the Project 0 05 acres Open Water Impacts In the Catawba River Basin r' ,3 , -- ha"G3"�* ' -*��, -'YS. �Fi-�Y„ -r V�,3wr J ?Permit Site Number 4 g ���..� "i �i— �L i 1�i ,3ii s impacts PermRSite Nuumber Permanent Fill t (ac eslg _ r Temporaryy Fill (acres) txcavatron r (acres) Mechanized � ' CieaKng �� Hand" Cleodn 9 (acres) r Total 1 Wetfend impact Wetland RequIiring M It "' IInea� feet 1 - Iinearrfeet -, 4 , linear feet 4 Site #1 acres t Mitt anon acres -60 linear feet 0 Site #1 001 001 003 005 0 Total Wetland Impacts for the Project 0 05 acres Open Water Impacts In the Catawba River Basin r' ,3 , -- ha"G3"�* ' y1 . v'' "h a To al � - "e J ?Permit Site Number 4 g Permanent Fill In Open Watemi 1Temporary Fill in Open Waters r , Total Fill in Open Waters E r� 41,Permanent Intermittent Stream acres - acres %-3. t ages Site #1 007 007 Total Open Water Impacts for the Project 0 07 acres Total Stream Impacts In the Catawba River Basin emtit Site Pill in t^yy - .'r, e m o r a Filll I ':.r'�`j ' �"f%,," fY. '�y},^,� T`�' Peennanent r l F ll n - ` 2 �`,3�' .tip,. +_ '� Temporary FIII x"^�' -± � " V Y T t a I S t r e a m �'' i '.�tt' :, T * Stream Impact l�- Number 41,Permanent Intermittent Stream T p ry 4 InrtermitI streams n Perennial Stream ' Perennial Streams o Impact Requinng Mug on-. w linear feet It "' IInea� feet 1 - Iinearrfeet -, Imearfeet linearfeet linear feet 4 Site #1 -60 linear feet 0 0 02 acres Total Stream Impacts for the Project 60 linear feet Mooresville Regional Office One Location 610 East Center Avenue Suite 301 Mooresville NC 28115 NorthCarollna Phone (704) 663 16991Fax (704) 663 60401 Customer Service 1 877 623 6748 �aturatlt� Internet http //portal ncdenr ors /web /wq An Eaual Opportunity /Affirmative Action Emplover- 50/ Recvcled /10 / Post Consumer Paper t� Dr Gregory Thorpe Page Two Riparian Buffer Impacts in the Catawba River Basin Permit Site -el' Mitigation,.# Zone 2 fmpacts in Zone 2 Buffer�Mrtigation Required_ Number Zone 1 Impacts In square feet (sq ft�ype of Impact Zone 1 Buller square w Requl ed � rt t (sq ft) ngth of Impact (using 15 1 �x ength of impact r s 5s ratio)��w a1 a� w r d� k F usin 2 1 rdtlo I a f 'x' �� Wti Site #1 126 sq ft of permanent impact (35 0 0 0 sq ft for roadway approach and 91 s ft for bridge) Site #2 322 sq ft of permanent impact (28 sq ft for bridge pier 194 sq ft for 0 0 0 bridge) 2 973 sq ft of temporary impact for temporary work ad Site #3 1 149 sq ft of permanent impact for 2 298 sq ft 492 sq ft of permanent 738 sq ft road fill impact for road fill Total Buffer Impact for Project 5 062 square feet The above impacts reflect those described in your application received by the Division of Water Quality (DWQ) on March 27 2012 After reviewing your application we have determined that this project is covered by Water Quality General Certification Numbers 3820 This approval is also valid for the Catawba Riparian Buffer Rules 15A NCAC 260 243 Please note that you should get any other federal state or local permits before proceeding with your project including those required by (but not limited to) Sediment and Erosion Control Non Discharge and Water Supply Watershed regulations This approval will expire with the associated 404 permit unless otherwise specified in the Water Quality Certification 1 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 2 All stormwater runoff shall be directed as sheetflow through stream buffers at non erosive velocities unless otherwise approved by this certification 3 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 buffers 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 4 Pursuant to 15A NCAC 2B 0243(6) sediment and erosion control devices shall not be placed in Zone 1 of any Catawba 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 5 All portions of the proposed project draining to 303(d) listed watersheds that are Impaired due to turbidity shall be designed, constructed and operated with sediment and erosion control measures that meet Design Standards in Sensitive Watersheds [15A NCAC 4B 0124] However due to the size of the project NC DOT shall not be required to meet 15A NCAC 4B 0124(a) regarding the maximum amount of uncovered acres 6 Turbidity curtains shall be used to isolate all work areas from the stream including pile or casement installation placement of riprap excavation or filling Strict adherence to the Construction and Maintenance Best Management Practices will be required 1 Dr Gregory Thorpe Page Three 7 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 8 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 9 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 10 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 11 No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters This water shall be captured treated and disposed of properly 12 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification 13 All bridge construction shall be performed from the existing bridge temporary work bridges temporary causeways or floating or sunken barges If work conditions require barges they shall be floated into position and then sunk The barges shall not be sunk and then dragged into position Under no circumstances should barges be dragged along the bottom of the surface water 14 The dimension pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodplains and streams shall be restored to natural geomorphic conditions 15 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 16 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 17 The use of nprap above the normal high water mark shall be minimized Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage 18 Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize sedimentation and reduce the introduction of other pollutants into the stream 19 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 20 Temporary dewatenng sites must be restored to pre existing conditions unless more natural geomorphic conditions can be provided 21 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 22 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 the 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 Dr Gregory Thorpe Page Four 23 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 24 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 25 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 26 A copy of this Water Quality Certification shall be posted 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 project manager 27 Native riparian vegetation must be re established within the construction limits of the project by the end of the growing season following completion of construction 28 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable If placement of sediment and erosion control devices in wetlands and waters is unavoidable they shall be removed and the natural grade restored within 30 days after the Division of Land Resources has released the project 29 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 30 The North Carolina Department of Transportation ( NCDOT) and its contractors and /or agents shall not excavate fill or perform mechanized land clearing at any time in the construction or maintenance of this project within waters and /or wetlands except as authorized by this Certification or any modification to this Certification (e g no work shall occur outside of the footprint of the plans provided) In addition there shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this Certification without appropriate modification If this occurs compensatory mitigation may be required since it is a direct impact from road construction activities 31 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval 32 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 33 Upon completion of the project the NCDOT Division Engineer shall complete and return the enclosed Certificate of Completion form to notify DWQ when all work included in the 401 Certification has been completed Please include photographs upstream and downstream of the structure to document correct installation Dr Gregory Thorpe Page Five 34 Continuing Compliance NCDOT shall conduct its activities in a manner so as not to contravene any state water quality standard [including any requirements for compliance with section 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 to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H 0507(d) Before codifying the certification DWQ shall notify NCDOT and the USACE provide public notice in accordance with 15A NCAC 2H 0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to NCDOT in writing shall be provided to the USACE for reference in any permit issued pursuant to Section 404 of the Clean Water Act and shall also become conditions of the 404 Permit for 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 6714 This Certification and its conditions are final and binding unless you ask for a hearing This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act If you have any questions please telephone Polly Lespinasse in the Mooresville Regional Office at 704 663 1699 Sincerely 11--T31 A 6 (,----'9— for Charles Wakild Attachments cc Liz Hair USACE Asheville Field Office Sonia Carrillo DWQ Wetlands Unit File Copy