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HomeMy WebLinkAbout20140055 Ver 1_Approval Letter_20140110A ILPWJ 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 February 10, 2014 Alamance County Bridge No. 144 on SR 2361 NCDWR Project No. 20140055 APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr. Mike Mills, P.E., Division Engineer NCDOT, Division 7 1584 Yanceyville Street Greensboro, NC 27415 Dear Mr. Mills: You have our approval, in accordance with the conditions listed below, for the following impacts to Rock Creek for the replacing Bridge No. 144 on SR 2361 (Russell McPherson Road) in Alamance County. Stream Impacts in the Cape Fear River Basin Site Permanent Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream Fill in Intermittent Perennial Stream Perennial Stream Impact Impacts Intermittent Stream (linear ft) (linear ft) (linear ft) (linear ft) Requiring =Zone 1 Stream (linear Zone 2 minus =Zone 2 Mitigati Mitigation Impact ft ) Buffers (not Buffer Impacts Wetlands in (linear ft S1 0 0 31 14 45 0 Total 0 0 31 14 45 0 Total Stream Impacts for Project: 45 linear ft. Jordan Lake Buffer Riparian Buffer Im act Total Buffer Impacts for Project: 1972 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.nmatergualitv.org An Equal Opportunity 1 Affirmative Acton Employer NorthCarolina Naturattrf Zone 2 Buffer Zone 1 minus =Zone 1 Zone 1 Zone 2 minus =Zone 2 Mitigati Site Impact Wetland Buffers (not Buffer Impacts Wetlands in Buffers on (sq ft) in zone 1 wetlands) (sq Mitigation (sq ft) Zone 2 (sq (not- Require (sq ft) ft) Required ft) wetlands d (1.5:1 3:1 ratio ) ) (sq ft ratio S1 1363 0 1363 0 609 609 0 Total 1363 0 1363 0 609 0 0 0 Total Buffer Impacts for Project: 1972 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.nmatergualitv.org An Equal Opportunity 1 Affirmative Acton Employer NorthCarolina Naturattrf The project shall be constructed in accordance with your application dated received January 15, 2014 including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3883, corresponding to the U.S Army Corps of Engineers Nationwide Permit Number 3. 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 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 1. All stormwater runoff shall be directed as sheetflow through stream buffers at non - erosive velocities, unless otherwise approved by this 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 the NCDWR. At this time, the NCDWR 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. 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 shall not discharge directly into the stream. 5. 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 the NCDWR first. General Conditions 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 Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 9. 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. 10. 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. 11. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification.. 14. 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. 15. 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. 16. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. 17. 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. 18. 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 wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 19. 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 NCDWR when all work included in the 401 Certification has-been completed. Violations of any conditions herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made condition of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in form of written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699 -6714. If modification are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. 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 telephone Mrs. Amy Chapman of the Raleigh Central Office at 919- 707 -8784. Sincerely, ot� "0f J Thomas A. Reeder Attachments cc: Jerry Parker, Division 7 Environmental Officer (electronic copy) Beth Harmon, Ecosystem Enhancement Program (electronic copy) Winston -Salem Regional Office File Copy -