HomeMy WebLinkAbout20121067 Ver 1_Approval Letter_20130116Pat McCrory
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NCDE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. P.
Director
John F. Skvarla, III
Secretary
January 16, 2013
Martin County
DWQ Project No. 20121067
Bridge No. 110
APPROVAL of TAR - PAMLICO BUFFER RULES (15A NCAC 2B.0259) AUTHORIZATION with ADDITIONAL
CONDITIONS
Mr. Clay Willis
NCDOT, Division One
113 Airport Drive, Suite 100
Edenton, NC 27932
Dear Mr. Willis:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge
Number 110 over Flat Swamp on SR 1157 (Bear Trap Rd.) in Martin County:
Buffer Impacts in the Tar - Pamlico Basin
Site Number
Buffer Zone 1
(sq ft ).__
Buffer Zone 2
(sq ft
1
120
103
2
84
101
3
117
106
4
37
185
Total
358
495
Net Total
Impacts
853
The project shall be constructed in accordance with your application dated received November 20, 2012. 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 authorization is valid solely for the purpose and design described in your application (unless modified below). Should your
project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a
copy of this authorization letter, and is thereby responsible for complying with all the conditions. For this authorization to remain
valid, you must adhere to the following conditions.
North Carolina Division of Water (.hrality
943 Washington Square Mall
Washington, NC 27889
An E—Wal Opportunity ! Alfirmabve Action r rnpioyer
Phone: 252 - 946.64814 FAX: 252 - 946.9215
Internet MM ncwaterqu li .n
NorthCarolina
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Page 2 of 4
Conditions of Authorization,
1. The issuance of this authorization 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.
2. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings, submitted for approval.
3. If concrete is used during 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.
4. 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.
5. The outside buffer, wetland or water boundary located within the construction corrid'or'approved by this certification 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. Erosion and sediment control practices must be in full compliance with all specifications go'veining the proper design, installation
and operation and maintenance of such Best Management Practices in order to protect surface waters standards:
a. 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.
b. 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.
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of
the Sedimentation Pollution 'Control Act.
11. Sediment and erosion control measures shall not be placed in wetlands or waters,unless otherwise approved by this Certification.
12: Discharging hydroseed mixtures and washing out hydroseeders and other equipmeain or adjacent to surface waters "is prohibited.
13. There, shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this certification
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.
14. 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.
15. 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.
Page 3 of 4
16. All pile driving or drilling activities shall be enclosed in turbidity.curtainsimlessotherwise approved byNCDWQ in this
certification.
17. Bridge deck drains shall not discharge directly into the stream. Storinwat&shall be_dir'ected across the,.bridge,and'pre treated
through site - appropriate means (grassed swales, pre- formed scour holes, vegetated buffers;`etc:) be fore;eritering'the stream.
Please refer to the most current version of Stormwater Best Management;'Practices., F
18. All stormwater runoff shall be directed as sheetflow through,stream buffers at nonerosive velocities, unle`ssotherwise approved
by this certification.
19. Pursuant to 15A NCAC 2B .0233(6), sediment and erosiomconirol=devices shall'not be placed in Zone 1 -of any -Neuse Buffer
without prior approval by NCDWQ. At this time, NCDWQ has:appioved no sediment and =erosion,control devices in Zone 1,
outside of the approved project impacts, anywhere on-this project. Moreover, sediment and`erosion controfdevices.shall be
allowed in Zone 2 of the buffers provided that Zone 1 is not compromised:and that'discharge is released as diffuse flow.
20. New roadside ditches must be in compliance with the nitrogen control and,diffuse flow requirements outlined in 15A NCAC 2B
.0259.
21. 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.
22. 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 DWQ 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, DWQ may reevaluate and modify this certification.
23. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery.
24. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT Division Engineer shall
complete and return the, enclosed "Certification of Completion Form" to notify DWQ when,all work included in the Authorization
has been completed.
25. A copy of this Authorization shall be maintained on site at the construction site at all times. In addition, the Authorization and all
subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0259. This letter does not
authorize any impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers
(USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters. If you have any questions,
please telephone Garcy Ward of the Washington Regional Office at 252- 946 -6481.
Sincerely, (��� wa
for Chuck akild, P.E.
Attachments (General Certification and Certificate of Completion form)
cc: Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Sonia Carrillo, DWQ, Transportation Permitting Unit
File Copy