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HomeMy WebLinkAbout20121067 Ver 1_Approval Letter_20130116Pat McCrory Govemor +� 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 Nlltll!'all.f 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