HomeMy WebLinkAbout20121016 Ver 1_Approval Letter_20121204NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P E Dee Freeman
Governor Director Secretary
December 4, 2012
Guilford County
DWQ Project No 20121016
(Bridge 263) SR 3330 (SE School Rd)
WBS No 17BP 7 R 35
APPROVAL of 401 WATER QUALI I Y 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 foi the purpose of
replacing Bridge No 263 over East Beaver Creek on SR 3330 (SE School Road) in Guilford County
Site
Fill
aLl s
Temporary Fill in
Intermittent Stream
(linear ft)
„,
Permanent Fill in
Perennial Stream
(linear ft)
Temporary Fill in
Pei ennial Stream
(linear ft)
Total Stream
Impact
(lineal t )
Stream
Impacts
Requiring
Mitigation
Site
Pei manent Fill in
Intermittent
Stream (linear ft)
1
Impact
Wetlands
Total
Mitigation
wetlands)
ear ft
(sq ft)
in Zone 2
(not
13
13
L
1
Total
m,.a..l ca..- T-,-.,f
fnr Prn]Prt 13 linear
13
feet
Site
Fill
Fill
1... w�
Zone 2
(ac)
(temporary)
Zone 2 Buffer
Buffers (riot
ac
1
Impact
Wetlands
Total
Mitigation
wetlands)
Wetland Impacts in the Ca a Fear River Basin
Excavation Mechanized Hand Clearing Area under Total Wetland
(ac) Clearing (ac) (ac) Bridge Impact (ac)
001
0.01
Total Wetland Impact for Protect 0 02 acres
Site Zone 1 moires
Impact Wetlands
(sq ft) in Zone 1
(sq ft)
OOl I 002
001 002
= Zone 1
.ioruan ni ariaii
Zone I Buffer
.�u«V,
1... w�
Zone 2
MUMS
= Zone 2
Zone 2 Buffer
Buffers (riot
Mitigation
Impact
Wetlands
Buffers
Mitigation
wetlands)
Required
(sq ft)
in Zone 2
(not
Required (using
(sq ft)
(using 3 1 ratio)
(sq ft)
wetlands)
1 5 1 ratio)
s ft
1254
0
1221
242
979
Eo�
1254
0
1221
242
979
1 1 1550 296
Totals 1550 296
a 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 2233 square feet
The project shall be constructed in accordance with your application dated received November 5, 2012 reviewing with
additional information dated received in the Winston Salem Regional Office on Decembei 4,
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, local Non-Discharge permits before proceed i including limited Sediment
Erosion Control and Water SupplyWate shed 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 anew
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 nutigation 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 iecent version of NCDOT's Best Management Practices For Bridge Demolition
and Removal approved by the US Army Corps of Engineers
2 Post - construction stormwater shall be designed as approved with updated Stonnwater Management Plan
dated received in the Winston Salem Regional Office on December 4, 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 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 All riparian buffers impacted by the placement of temporary fill or clearing a ll 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
5 Pursuant to 15A NCAC 2B 0267, sediment and erosion control devices shall not be placed in Zone 1 of any
Jordan Buffer without poor 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 comprorrused 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 , of protected riparian buffers
8 1 he 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 gcomorphtc 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 mininuze
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 matenals 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
water s is prohibited
14 A copy of this Water Quality Certification shall be maintain ed 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 water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land distuibmg 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 Pernuttee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i a local, state, and
federal) having Jurisdiction, including but not limited to applicable buffer rules, stormwatei management
rules, soil erosion and sedimentation control requirements, etc
17 The Pernuttee 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 admimstiative
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
Adnnistrative 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 transnussion
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Marl 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 Marl 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 Euless at (336) 771 -4959 or amy euliss@ncdenr gov
Sincerely,
rCharles Wakild, P E
Director
Attachments [General Certification (permittee only) and Certificate of Completion form]
cc Jerry Parker, Division 7 Envnomnental 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