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Home My WebLink About20120665 Ver 1_Approval Letter_20120729AF NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary July 29 2012 Rockingham County DWQ Project No 20120665 (Bridge 12) SR 2343 TIP No B 4804 APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Greg Thorpe PhD NCDOTPDEA 1598 Mail Service Center Raleigh NC 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 12 over Troublesome Creek in Rockingham County Stream Impacts in the Cape Fear River Basin Site Permanent Mil in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream 0 Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts 0 632 Stream (linear ft) (linear ft) (Imear ft) (linear ft) (linear ft) Requiring Mitigation linear ft 1 124 107 231 0 Total 124 107 1 231 0 Total Stream Impact for Protect 231 linear feet. Jordan Lake Riparian Buffer Impacts Site Zone 1 Impact (sq ft Zone 1 Buffer Mitigation Zone 2 Impact Required (using 3 1 ratio ) (sq ft Zone 2 Buffer Mitigation Required (using 15 1 ratio) 1 Road Crossing) 4601 0 1440 0 1 (Other Road Impact) 1685 5055 0 0 2 (utility) 0 0 632 0 Totals 6286 5055 2072 0 * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact no mitigation required Total Buffer Impact for Project 8358 square feet The project shall be constructed in accordance with your application dated received July 9 2012 with additional information received electronically on July 24 2012 After reviewing your apphcation we have decided that these impacts are covered by General Water Quality Certification Numbers 3855 3891 and 3893 This certification corresponds to the Nationwide Permits 13 23 and 33 issued by the Corps of Engineers This approval is also valid for the Jordan Lake Riparian Buffer Rules (15A NCAC 2B 0267) In addition you should acquire any other federal state or local permits before you proceed with your protect 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 linear 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 1 Impacts to 632 square feet of buffer zone 2 shall occur within the PUE as shown on the buffer permit drawings If these impacts change the Division shall be notified of these changes and perrmtted if necessary 2 Compensatory mitigation for nupacts to 1685 square feet of protected riparian buffers in Zone 1 shall be required We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Ecosystem Enhancement Program (EEP) Mitigation for unavoidable impacts to Jordan Riparian Buffers shall be provided in the Cape Fear River Basin and done in accordance with 15A NCAC 2B 0267 EEP has indicated in a letter dated June 26 2012 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above referenced project, in accordance with the North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument signed July 28 2010 3 Post construction stormwater shall be designed as approved in the permit application If any changes are made to the post construction stormwater design the Division of Water Quality shall be contacted for approval of the changes 4 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 5 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 Further if the stream width above and/or below the pipe over widens the Division of Water Quality shall be consulted and appropriate restoration measures shall be implemented 6 The use of rip rap above the Normal High Water Mark shall be mlmmized 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 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 8 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 9 Heavy equipment shall be operated from the banks rather than in the stream channel in order to nummize 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 13 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 project manager 14 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 15 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 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 16 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery I 17 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 I ' I NCDWQ when all work included in the 401 Certification has been completed 18 Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the protect by the end of the growing season following completion of construction 19 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 nuttgation will be required since that is a direct impact from road construction activities 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 Admimstrative Hearings within sixty (60) days of receipt of this notice A petition is considered filed when it is received in the office of Adni mstrative Hearings during normal office hours The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8 00am and 5 00pm, except for official state hohdays The original and one (1) copy of the petition must be filed with the Office of Admmrstratrve 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 Eulrss at (336) 771 4959 or amy eulrss @ncdenr gov Sincerely 4 �� -�--- V y Charles �Wakcild Attachments [General Certification(s) (permrttee only) and Certificate of Completion form] cc Jerry Parker Division 7 Environmental Officer (e copy only) Andy Williams US Army Corps of Engineers Raleigh Field Office (e copy only) Wetlands/ 410 Transportation Permrttmg Unit (e copy only) File Copy Arm, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary 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 tune) the construction of the prolect,for the Permrttee 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 Registration No Date