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�
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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 -