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HomeMy WebLinkAbout20120843 Ver 1_Approval Letter_20121113November 13, 2012 Rockingham County DWQ Project No. 20120843 (Bridge 32) SR 2361 TIP No. B. 4963 APPROVAL of 441 WATER QUALITY CERTIFICATION with ADDITIONAL CONDI'T'IONS Greg Thorpe, PhD NCDOTPDEA 1598 Mail Service Center Raleigh, NC 27699 -1598 Dear Mr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge No. 32 on SR 2361 with a double barrel box culvert in Rockingham County: Stream Impacts in the Roanoke. River basin Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream. Stream Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts Stream (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Requiring Mitigation - - - linear ft 1 - - 106 85 191 0 Total - 146 8 191 0 Total Stream Impact for Project: 191 linear feet. The project shall be constructed in accordance with your application dated received September 7, 2012, with additional information dated received October 31, 2012. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3885 and 3891. These certifications correspond to the Nationwide Permit 13 and Permit 14 issued by the Corps of Engineers. 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). 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. Floodplain benches shall be constructed as approved in the plans dated received October 31, 2012. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. 2. Post- construction stormwater shall be designed as approved in the plans dated received September 7, 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. 3. No drift 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. 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. 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 Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 9. 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 Constriction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 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 fiiels, 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. fly. 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. 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 constriction 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 Euliss at (336) 771 -4959 or amy.euliss @ncdenr,gov, Sincerely, Charles Wakild, RE, "-Director Attachments [General Certification (permittee only) and Certificate of Completion form] cc: Jerry Parker, Division 7 Environmental Officer (e -copy) Andy Williams, US Army Corps of Engineers, Raleigh Field Office (e -copy) Transportation Permitting Unit (e -copy) File Copy DwWQ Project No.: County: Applicant: _ Project Name: Date of Issuance of 401 Water Quality 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 hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction suuch 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: Engineer's Certification Partial Final Date: 1, _........3 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