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HomeMy WebLinkAbout20121131 Ver 1_Approval Letter_20130214I�CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality i Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary February 14, 2013 Stokes County NCDWQ Project No. 20121131 (Bridge nos. 29 and 30) US 52 TIP No. B-4645 . APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Greg Thorpe, PhD, NCDOT PDEA 1598 Mail Service Center Raleigh, NC 27699 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge Nos. 29 and 30 over the Little Yadkin River on US 52 in Stokes County: Stream Impact in the Yadkin -Pee Dee River Basin Site Permanent Fill Temporary Fill in Permanent Fill in • Temporary Fill Total Stream Stream Total Wetland in Intermittent Intermittent Perennial Stream in Perennial Impact Impacts Bridge Stream (linear Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring (ac) ft) ac Mitigation 1 0.01 (linear ft 1 0.01 16 67 83 0 2 64 46 110 0 3 204 20 224 204 64 46 220 87 417 204 Total Total Stream-Impact for Project: 4171inear feet. Wetland Impacts in the Yadkin -Pee Dee River Basin Site Fill Fill Excavation Mechanized Hand Area under Total Wetland (ac) (temporar (ac) Clearing (ac) Clearing Bridge Impact (ac) Y) (ac) (ac) ac 1 0.01 0.01 0.02 0.01 0.01 0.02 Total I T. Total Wetland Impact for Project: 0.02 acres. The project shall be constructed in accordance with your application dated received December 20, 2012 North Carolina Division of Water Quality, Wlnston-8alem Regional Office Location: 585 Waughtown St. Winston - Salem, North Carolina 27107 One Phone: 336 - 771.50001 FAX: 336 -771 -46301 Customer Service: 1-877-623-6748 NO CarOfina Internet www.ncwaterquality.org 'J�,���ma l / An Equal Opportunity (Affirmative Action Employer �/ y) ` `Ll� with additional information (updated plans and stormwater management plan) dated received February 13, 2013. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3885, 3891, and 3893. This certification corresponds to the Nationwide Permits 13, 23, and 33 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 linear 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. Post - construction stormwater shall be designed as approved with revised Stormwater Management Plan dated received on February 13, 2013. If any changes are made to the post - construction stormwater design, the Division of Water Quality shall be contacted for approval of the changes. 2.. The post - construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. 3. 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. 4. 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. 5. 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. 6. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. 7. Compensatory mitigation for 204 linear feet of impact to streams is required. We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter dated December 11, 2012 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above - referenced project, in accordance with the EEP Mitigation Banking Instrument signed July 28, 2010. General Conditions 1. 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. 2. 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. 3. 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. 4. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 5. 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. 6. 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. 7. 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. 8. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 9. Discharging hydroseed d-mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 10. 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. 11. 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. 12. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 13. 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. 14. 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. 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:OOam 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. Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center i This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water i Act. If you have any questions, please contact Amy Euliss at (336) 771 -4959 or amy.euliss @ncdenr.gov. Sincerely, -i Charles Wakild 0 Director cc: Jim Mason, NCDOT PDEA NES John Thomas, US Army Corps of Engineers, Raleigh Field Office (electronic copy only) Kent Boyer, NCDOT Division 9 DEO (electronic copy only) Marla Chambers, NC Wildlife Resources Commission (electronic copy only) Beth Harmon, Ecosystem Enhancement Program (electronic copy only) Wetlands/ 401 Transportation Permitting Unit (electronic copy only) File Copy