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HomeMy WebLinkAbout20121006 Ver 1_Approval Letter_20121106November 5, 2012 Guilford County DWQ Project No. 20121006 (Bridge 15 1) NC 62 WBS No. 17BP.7.R.42 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 St. Greensboro, NC 27415 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. 151 over Chocolate Creek on NC 62 in Guilford County: Wetland InIDacts in the Cane Fear River Basin Site Fill Fill Excavation Mechanized Hand Clearing Area under Total Wetland Zone 2 Buffer (ac) (temporary) (ac) Clearing (ac) (ac) Bridge Impact (ac) Buffers Mitigation (sq ft) (ac)ac - wetlands) Required I (sq ft) 1 0.01 Required (using - (sq ft) (sq ft) 0.01 Total 0.01 wetlands) 1.5:1 ratio) 0.01 total Wetland Impact for Project: 0.01 acres. Jordan Riparian Buffer Imnacts Site Zone 1 xrrinus = Zone 1 Zone 1 Buffer i Zone 2 mints = Zone 2 Zone 2 Buffer Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation (sq ft) in Zone 1 wetlands) Required I (sq ft) in Zone 2 (not Required (using (sq ft) (sq ft) (using 3:1 ratio) °,' (sq ft) wetlands) 1.5:1 ratio) _W a sq t 1 336 1- 1611 447 447 0 Totals 336 I =___7i Tji 447 L11 447 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: 783 square feet. The project shall be constructed in accordance with your application dated received November 2, 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 213 .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 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: Project Specific Conditions 1. No instream work has been authorized at this time. 2. Strict adherence to the most recent version of NCDQT's Best Management Practices For ]Bridge Demolition and Removal approved by the US Army Corps of Engineers. 3. Post - construction stormwater shall be designed as approved in updated November 2, 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. 4. 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. 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 21=3 .6267, sediment and erosion control devices shall not be placed in Zone 1 of any Jordan 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 I 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 floodplains 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. 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. 11. 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. 12. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited, 14. 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, 15. The outside buffer, wetland or seater 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. 16, 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.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. 17. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 18. 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. 19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. 20. 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. 21. 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 5:00pm, 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 Euhss at (336) 771 -4959 or amy.euliss @ncdenr.gov. Sincerely, -J���� Charles Wakild, P.E. Director Attachments [General Certification (permittee only) and Certificate of Completion form] cc: .ferry Parker, Division 7 Environmental Officer (e -copy only) Andy Williams, US Army Corps of Engineers, Raleigh Field Office (e -copy only) WEBSCAPE Transportation Permitting Unit (e -copy only) File Copy Project Name: Date of Issuance of 401 "Water (duality Certification: 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 11 __s — , hereby state that, to the best of nay 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 1, , 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: Engineer's Certification Partial Final 11 _mm. _ , 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 Permittee 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