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HomeMy WebLinkAbout20131199 Ver 1_Approval Letter_20131202A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary December 2, 2013 Guilford County NCDWR Project No: 20131199 (Bridge 300) SR 3355 State Project No. 17BP.7.R.10 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Mike Mills, P.E., Division Engineer NCDOT, Division 7 PO Box 14996 Greensboro, NC 27415 Dear Mr. Mills: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge No. 300 over Stinking Quarter Creek in Guilford County: Stream Impacts in the Cape Fear River Basin Total Stream Impact for Project: 62 linear feet. Wetland Impacts in the Cape Fear River Basin Permanent Fill Temporary Fill Permanent Fill Temporary Fill Total Stream Stream Impacts Site in Intermittent in Intermittent in Perennial in Perennial Impact Requiring Stream Stream Stream Stream Mitigation Wetland Requiring . (linear ft) (ac) Clearing (ac) (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) 1 35 1 0 r 35 1 0 TOTAL 1 0 1 0 1 35 1 0 1 35 1 0 Total Stream Impact for Project: 62 linear feet. Wetland Impacts in the Cape Fear River Basin Total Wetland Impact for Project: 0.01 acres. Transportation and Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone. 919 -807 -63001 FAX: 919 -807 -6492 Internet: www.rimaterquality.orq An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Natumlltf Fill Total Impacts Excavation Mechanized Hand Site Fill (ac) (temporary) Wetland Requiring . (ac) Clearing (ac) Clearing (ac) (ac) Impact (ac) Mitigation (ac) 1 I I I 1 0.01 0.01 0 Total 1 0.00 0.00 1 0.00 1 0.00 1 0.01 0.01 0 Total Wetland Impact for Project: 0.01 acres. Transportation and Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone. 919 -807 -63001 FAX: 919 -807 -6492 Internet: www.rimaterquality.orq An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Natumlltf Jordan Lake Riparian Buffer Impacts * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project: 3765 square feet. The project shall be constructed in accordance with your low impact bridge notification dated received November 6, 2013. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3883. This certification corresponds to the Nationwide Permit 3 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 NCDWR 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 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. Pursuant to 15A NCAC 2B .0267, sediment and erosion control devices shall not be placed in Zone 1 of any Jordan Buffer without prior approval by NCDWQ. At this time, NCDWQ has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. General Conditions I . 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. 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. 4. 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. 5. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. Zone 2 minus =Zone 1 Zone 1 Buffer minus = Zone 2 Buffer Site Zone 1 Wetlands Buffers (not Mitigation Zone 2 Wetlands Buffers (not Mitigation impact s ft 1� (q ) in Zone 1 wetlands ) Required q Impact s ft Pa (q ) in Zone 2 wetlands ) Required (s q ft) (s q ft) (3:1 ratio) (s q ft) (s q B) (1.5:1 rati o L1 (Bridge) 1695 0 1695 0 2070 0 2070 0 TOTAL 1695 0 1695 0 2070 0 2070 0 * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project: 3765 square feet. The project shall be constructed in accordance with your low impact bridge notification dated received November 6, 2013. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3883. This certification corresponds to the Nationwide Permit 3 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 NCDWR 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 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. Pursuant to 15A NCAC 2B .0267, sediment and erosion control devices shall not be placed in Zone 1 of any Jordan Buffer without prior approval by NCDWQ. At this time, NCDWQ has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. General Conditions I . 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. 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. 4. 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. 5. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 6. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 7. 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. 8. 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. 9. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. 10. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic region) 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 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Amy Chapman at (919) 807 -6365 or amy.chapman @ncdenr.gov. Sincerely, 0U Thoma , A. Reeder cc: Jerry Parker, Division 7 Environmental Officer (electronic copy only) Nikki Thomson, SEPI (electronic copy only) Andy Williams, US Army Corps of Engineers, Raleigh Field Office (electronic copy only) NCDWR Transportation Permitting Unit (electronic copy only) File Copy