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HomeMy WebLinkAbout20120975 Ver 1_Approval Letter_20121210i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P E Governor Director December 10, 2012 Robeson County NCDWQ Protect No 120975 Bridges 116 and 117 on SR 2262 TIP Project No B -4619 APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS Dr Greg Thorpe, PhD , Manager Protect Development and Environmental Analysts North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699 -1598 Dear Dr Thorpe Dee Freeman Secretary You have our approval, to accordance with the conditions listed below, for the following impacts for the purpose of replacmg Bridge No 116 and 117 over Hog Swamp on SR 2262 (Bethesda Church Road) in Robeson County Wetland ImDacts in the Lumber River Basin (riverine Site Station Fill (ac) Fill (temporary) ac Excavation (ac) Mechanized Clearing ac Hand Clearing ac Total Wetland Impact (ac) 1 16 +35 -L- 001 0 0 0 001 002 1 16 +60RT/LT /CNTR 0 0 001 0 001 002 1 17 +50 LT <0 01 0 0 0 <0 01 <0 01 1 17 +50 RT 001 0 <0 01 0 002 003 1 16 +35 to 17 +50 -L- 0 0 01* 0 0 0 001 2 20 +00 LT 0 0 0 0 001 001 2 20 +20 LT <0 01 0 0 0 0 <0 01 2 20 +40 RT/LT /CNTR 0 0 <0 01 0 <0 01 <0 01 2 21 +70 RT /LT /CNTR 0 0 001 0 006 007 2 22+16 RT <0 01 0 0 0 0 <0 01 2 20 +00 to 22 +75 -L- 0 001* 0 0 0 001 <0 01 0 0 0 027 027 1 - L -12 +10 to 16 +34 2 -L- 17 +46 to 20 +47 <0 01 0 0 0 018 0 18 3 -L- 21 +88 to 25 +25 <0 01 0 0 0 0 12 012 Total 002 0.02* 002 0 068 074 Total Wetland Impact for Protect 0 74 acres *denotes temporary till in hand clearing areas for erosion control measures The project shall be constructed m accordance with your application dated received October 24, 2012 and revisions received on December 5, 2012 After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3891 This certification corresponds to the Nationwide Permit 23 225 Green St Suite 714 Fayetteville NC 28301 5043 One Phone 910 -03333001FAX 910A86 -0707 NorthCarohna Internet www ncwaterguality om An Equal Opportunity 1 Affirmative Action Employer- 50°% Recycled 1109/. Post Consumer Paper �/�y% awrall✓ y/ 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 lmear 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 Project Specific Conditions 1 In accordance with commitments made in your application, all clearing of vegetation associated with this project within jurisdictional wetlands shall be performed with the use of hand clearing methods only 2 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 3 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across the bridge and pre - treated through site - appropriate means (grassed swales, pre - formed scour holes, vegetated buffers, etc ) before entering the stream Please refer to the most current version of Stormwater Best Management Practices 4 Project shall be constructed in accordance with the Stormwater Management Plan submitted and dated August 6, 2012 5 Bridge piles and bents -shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods More specifically, jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first General Conditions 6 Unless otherwise approved m this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required 7 If concrete is used durmg construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills 8 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 9 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 10 The use of rip -rap above the Normal High Water Mark shall be minimized 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 11 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 12 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 13 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 14 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 15 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification 16 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 17 The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law If NCDWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this certification 18 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise authorized by this certification 19 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 20 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 21 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 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 22 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 23 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 24 Native nparian 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 25 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 26 Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 27 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 OOpm, 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 Raleigh, NC 27699 -1601 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 Mason Herndon at (910) 308 -4021 or mason herndon@iicdenr aov Sincerely, 1342.� D 40ae-Z) Charles WakildJ Director ec Jim Rerko, Division 6 Environmental Officer Ronnie Smith, US Army Corps of Engineers, Wilmington Field Office Chris Militscher, Environmental Protection Agency Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Gordon Cashm, NCDOT, Natural Environment Section Sonia Carrillo, NCDWQ Central Office File Copy