Loading...
HomeMy WebLinkAbout20130165 Ver 1_Approval Letter_20130307NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P, E. John E. Skvarla, III Governor Director Secretary March 7, 2013 Alleghany County NCDWQ Project No. 20130165 SR 1310 State Project No. 11C.003087 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Mike Pettyjohn, P.E., Division Engineer NCDOT; Division 11 PO Box 250 North Wilkesboro, NC 28659 Dear Mr. Pettyjohn: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing paving SR 1310 (Deacon Road) in Alleghany County: Stream Imp acts in the New River Basin Site (Sta. No.) Permanent Fill in Perennial Stream (linear ft) Temporary Fill in Perennial Stream (linear ft) Total Stream Impact (linear ft) Stream Impacts Requiring Mitigation linear ft 1(11 +79) 23 40 63 3 2(14+64) 49 40 89 29 3(28+40) 24 40 64 0 4(28+86) 30 40 70 0 5(38+78) 19 40 59 0 6(43+87) 25 40. 65 0 7 10+60- 11 +50) 90 40 130 90 8 (14.1- 70 -15 +70 ) 100 40 140 100 Total 360 320 680 222 Total Stream Impact for Project: 680 linear feet. The project shall be constructed in accordance with your application dated received February 20, 2013 with additional information dated received February 26, 2013 and March 5, 2013. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3886. This certification corresponds to the Nationwide Permit 14 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 North Carolina Division of Water Quality, Winston -Salem Regional Office Location: 585 Waughtown St. Winston - Salem, North Carolina 27907 One Phone: 336- 771 -50001 FAX: 336. 77146301 Customer Service: 1-877-623-6748 NofthCarolina 'y Internet: www.ncwaterquality.org Niitura!!Y An Equal Opportunity 1 Affirmative Action Employer 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. Due to steep slopes and/or bedrock, pipe burial is not required at site numbers 1 and 2. 2. Compensatory mitigation for 220 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 February 26, 2013 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. 3. NCDOT shall be in compliance with the NCS00250 issued to the DOT, including the applicable requirements of the NCGOI listed here: http:// www. ncdot .gov /doh/operations/dp_chief eng/ roadside /fieldops/ downloads /Files/NCGOlfmalsignedg uidancel 1.172011.pdf . Please note the extra protections for the sensitive watersheds. 4. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the 'establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas, hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer- and limestone -free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 5. For projects impacting waters classified by the NC Environmental Management Commission as Outstanding Resource Water (ORW), stormwater shall be directed to vegetated buffer areas, grass -lined ditches or other means appropriate to the site for the purpose of pre - treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 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 Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 4. 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. 5. 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. 6. Discharging hydroseed mixtures and washing out hydroseeders and.other equipment in or adjacent to surface waters is prohibited. 7. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification.. 8. 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. 9. 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. 10. 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.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. 11. The Pennittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 12. 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. 13. 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. 14. 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 wetl ms ands or stream, compensatory mitigation will be required since that is a direct impact from road construction activities. 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 :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 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 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 Euliss at (336) 771 -4959 or amy.euliss @ncdenr.gov. Sincerely, %Charles Wakild _ Director Attachment: General Certification no. 3886 (permittee only) cc: Heath Slaughter, Division 11 Environmental Officer (electronic copy only) Monte Matthews, US Army Corps of Engineers, Raleigh Field Office (electronic copy only) Marla Chambers, NC Wildlife Resources Commission, (electronic copy only) Wetlands/401 Transportation Permitting Unit (electronic copy only) File Copy STORMWATER MANAGEMENT PLAN Project: 45357.1.30, Bridge 4506 on SR 1372 February 26, 2013 Ashe County Project Engineer: Jami Guynn Roadway Description This project consists of replacing Bridge #506 over Helton Creek on SR 1372 and improving the roadway bridge approaches. The existing 20'x 41' bridge is structurally deficient and will be replaced with a new 25'x 92' cored slab bridge at the same location. We will need to stage construct this new bridge in order to maintain traffic during construction. Total project length is 640 linear feet. The existing 17' paved roadway will be widened to 26', including the paved shoulders. Impervious surface area will increase by approximately 0.13 acres. The project drainage at the bridge location consists of two drop inlets and stub out pipe near station 11 +00 rt. as well as a grass lined ditch running from 10 +75 — 11 +50 lt. Environmental Description This project is located in the New River Basin and is not subject to riparian buffer rules. Helton Creek is classified as Class: C, Trout, ORW at this location. No other jurisdictional streams will be impacted by this proposed project. Best Management Practices and Maior Structures The primary goal for Best Management Practices (BMPs) is to prevent degradation of the state's surface waters by the location, construction and operation of the highway system. BMPs are activities, practices and procedures taken to prevent or reduce stormwater pollution. Bridge deck drainage will be routed to drop inlets which discharge to a preformed scour hole. II. Required Items Checklist The proposed structure is a 92' long 2 span 21" cored slab bridge with spill through abutments. Approximately 640 linear feet of roadway is being widened, including the bridge. a. Minimized to the extent hydraulically possible while still maintaining traffic. b. Stormwater on the northern end of the project will sheet flow off of the roadway. Stormwater from the southern end of the project will be routed to the drop inlets and discharged into the preformed scour hole at station 11 +00 rt. No deck drains are called for in the plans. There will be no slots in the railing so all drainage on the bridge itself will be routed to the drop inlets. c. A preformed scour hole will be installed at 11 +00 rt. Roadway fill slopes will be vegetated. All appropriate construction BMPs will be employed during bridge demolition and reconstruction. d.. Ditch line side slopes will be 3:1 or flatter.