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HomeMy WebLinkAbout20120552 Ver 1_Approval Letter_20120606NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waktld P E Dee Freeman Governor Director Secretary June 6 2012 Rockingham County DWQ Project No 20120552 (Bridge86) SR 2598 TIP BD 5107WState Project No 45353 19 APPROVAL of 401 WATER QUALITY CERTIFICATION AND JORDAN BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr Mike Mills P E Division Engineer NCDOT Division 7 1584 Yanceyville Street PO Box 14996 Greensboro NC 27415 4996 Dear Mr Mills You have our approval in accordance with the conditions listed below for the following impacts for the purpose of replacing Bridge No 86 over Little Troublesome Creek in Rockingham County Stream Impacts in the Cape Fear River Basin Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream Total Wetland Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts Bridge Stream (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Requiring (sq ft) ac wetlands) 1 <0 005 (sq ft) Mitigation <0 01 Required (using <0 015 Total <0 005 linear It 1 <0 01 (sq ft) wetlands) 38 38 0 Total 38 38 0 Total Stream Impact for Protect 38 linear feet Wetland Impacts in the Cape Fear River Basin Site Fill Fill Excavation Mechanized Hand Clearing Area under Total Wetland = Zone 2 (ac) (temporary) (ac) Clearing (ac) (ac) Bridge Impact (ac) Impact Wetlands (ac) Mitigation (sq ft) ac wetlands) 1 <0 005 (sq ft) in Zone 2 <0 01 Required (using <0 015 Total <0 005 (using 3 1 ratio) <0 01 (sq ft) wetlands) <0 015 Total Wetland Impact for Project <0 015 acres Jordan Riparian Buffer Impacts Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation (sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using (sq ft) (sq ft) (using 3 1 ratio) (sq ft) wetlands) 15 1 ratio) (sq ft 1 833 2 831 0 0 0 0 Totals 833 1 2 831 1 0 VIM 0 1 0 0 Total Buffer Impact for Project 831 square feet The project shall be constructed in accordance with your application dated received June 5 2012 After reviewing your application we have decided that these impacts are covered by General Water Quality Certification Number 3883 This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers This approval is also valid for the Jordan Riparian Buffer Rules (15A NCAC 2B 0267) 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 NCDWQ 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 lmear feet compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7) Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 0268 For this approval to remain valid you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below Condition(s) of Certification Project 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 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 3 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 4 Post construction stormwater shall be designed as approved in updated plan drawings dated received June 5 2012 If any changes are made to the post construction stormwater design the Division of Water Quality shall be contacted for approval of the changes 5 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 buffer areas 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 6 Pursuant to 15A NCAC 213 0233 sediment and erosion control devices shall not be placed in Zone 1 of any Neuse 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 General Conditions 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 floodplams and streams shall be restored to natural geomorphic conditions 9 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 10 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 11 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 12 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 13 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 14 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 15 A copy of this Water Quality Certification shall be maintained on the construction site at all tunes 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 16 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 17 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 (1 e local state and federal) having jurisdiction including but not limited to applicable buffer rules stormwater management rules soil erosion and sedimentation control requirements etc 18 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 19 Upon completion of the project (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 20 Native riparian vegetation must be reestablished m the riparian areas within the construction limits of the project by the end of the growing season following completion of construction 21 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 22 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing You may obtain the petition form from the office of Administrative hearings You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8 00am and 5 OOpm except for official state holidays The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings The petition may be faxed provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission The mailing address for the Office of Administrative Hearings is Office of Administrative Hearings 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 431 3000 Facsimile (919) 431 3100 A copy of the petition must also be served on DENR as follows Mr William Cary General Counsel Department of Environment and Natural Resources 1601 Mail Service Center 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 Amy Euliss at (336) 771 4959 or amy euliss @ncdenr gov Sincerely Charles Wakild Attachments (General Certification and Certificate of Completion form) cc Andy Williams US Army Corp of Engineers Raleigh Field Office Jerry Parker Division 7 Environmental Officer Wetlands /401 Transportation Permitting Unit File Copy DWQ Project No Applicant Protect 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 Agent's Certification Date 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 Partial Final Date 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 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