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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