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HomeMy WebLinkAbout20070474 Ver 1_Approval Letter_20070312~0 y ~? r >_ -~i O ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality June 13, 2007 Alexander County DWQ Project No. 20070474 Bridge No. 70 on SR 1331 TIP Project No. B-4005 APPROVAL of 401 Water Quality Certification Dr. Greg Thorpe, PhD., Branch Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge No. 70 over Grassy Creek on SR 1331 in Alexander County: C+rnom Tmnartc in thv (atawha River Basin Site Stream Name IJ 1,1 r{{lll i Stream Stream -- Impact Type. Impacts Type Classification/ (acres) Index No. 1 Grass Creek Perennial Class C/11-69-2 Permanent 0.01 Tem orary 0.04 Total 0.05. The project shall be constructed in accordance with your application dated received March 14, 2007. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3633. This certification corresponds to the Nationwide. Permit 31 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 DWQ 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 if total impacts to streams (now or in the future) exceed 1501inear feet, compensatory mitigation maybe 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. 1Vo0C Carolina Transportation Permitting Unit ~tuCQlly 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: http~l/h2o enr.state.nc.usJncwetlands An Equal OpportunitylAffimtative Action Employer- 50% Recycled110% Post Consumer Paper B-4005 June 13, 2007 Page 2 of 5 Conditions of Certification: 1. Temporary causeways used for construction of the bridge shall not obstruct more than 50 percent of the stream channel at any time. These temporary causeways shall be constructed to an elevation no greater than the bankfull elevation of the stream. 2. The post-construction removal of the causeways 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 deck drains should 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. 5. 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. 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. 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. 9. 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. 10. Heavy equipment shall be operated from the banks or temporary causeways rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 11. 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. B-4005 June 13, 2007 Page 3 of 5 12. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 14. 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. 15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 16. A copy of this Water Quality Certification shall be maintained on site at 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. 17. 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. 18. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form to notify DWQ when all work included in the 401 Certification has been completed. 19. Native riparian vegetation (ex. river birch, green ash, black gum, sycamore, tag alder, ironwood, buttonbush, common pawpaw, winter berry, carex sp., bottlebrush grass, boneset, juncus sp.) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 20. 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 be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 21. 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: 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-4005 June 13, 2007 Page 4 of 5 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. 22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You. must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask- for a hearing. 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 Brian Wrenn at 919-733-5715. Sincerely, Coleen H. Sullins Attachment cc: Steve Lund, Amy Corps of Engineers Asheville Regulatory Field Office Polly Lespinasse, DWQ Mooresville Regional Office Marla Chambers, NC WRC Marella Buncick, US FWS Chris Militscher, US EPA Kathy Matthews, US EPA File Copy