HomeMy WebLinkAbout20140069 Ver 1_Approval Letter_20140117A L
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 17, 2014
Orange County
NCDWR Project No. 20140069
(Bridge 141) SR 1528
State Project No. 17BP.7.R.60
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. 141 on SRI 528 over a unnamed tributary to the South Flat River in Orange County: .
Stream Impacts in the Neuse River Basin
Total Stream Impact for Project: 60 linear feet.
Wetland Impacts in the Neuse River Basin
Permanent
Temporary
Permanent
Temporary
Hand
Stream
Impacts
Fill in
Fill in
Fill in
Fill in
Total Stream
Impacts
Site
Intermittent
Intermittent
Perennial
Perennial
Impact
Requiring
(ac)
Stream
Stream
Stream
Stream
(linear ft)
Mitigation
linear ft
linear ft
linear ft
linear ft
0
linear ft
1
0
0
60
0
60
0
TOTAL
0
0
60
0
60
0
Total Stream Impact for Project: 60 linear feet.
Wetland Impacts in the Neuse River Basin
Total Wetland Impacts: 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.rimaterguality.orn
An Equal Opportunity 1 Affirmative Action Employer
NorthCaroi ina
Naturally
Mechanized
Hand
Total
Impacts
Site
Permanent
Temporary
Excavation
Clearing
Clearing
Wetland
Requiring
Fill (ac)
Fill (ac)
(ac)
(ac)
(ac)
Impact
Mitigation
ac
1
0
1 0
1 0
1 0
1 0.01
0.01
0
TOTAL
0
1 0
1 0
1 0
1 0.01
0.01
0
Total Wetland Impacts: 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.rimaterguality.orn
An Equal Opportunity 1 Affirmative Action Employer
NorthCaroi ina
Naturally
Neuse River Riparian Buffer Impacts
Total Allowable Buffer Impact: 2168 square feet.
The project shall be constructed in accordance with your low impact bridge notification dated received January 22,
2014. 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 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 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. 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.
2. Pursuant to 15A NCAC 2B .0233, sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by NCDWR. At this time, 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.
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. 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 1
Zone 1
=Zone 2
Zone 2
Zone 1
minus
Buffers
Buffer
Zone 2
minus
Buffers
Buffer
Site
Impact
Wetlands
(not
Mitigation
Impact
Wetlands
(not
Mitigation
(sq ft)
in Zone 1
wetlands)
Required
(sq ft)
in Zone 2
wetlands)
Required
(sq ft)
(sq ft)
(3:1 ratio)
(sq ft
(sq ft)
ratio
ratio
Bride
1456
0
1456
0
20
0
20
0
Road
222
45
177
0
470
0
470
0
crossing
Total Allowable Buffer Impact: 2168 square feet.
The project shall be constructed in accordance with your low impact bridge notification dated received January 22,
2014. 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 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 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. 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.
2. Pursuant to 15A NCAC 2B .0233, sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by NCDWR. At this time, 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.
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. 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 Sue Homewood at 336 - 771- 4964or sue.homewood @ncdenr.gov.
Sincerely,
T A. Reeder
cc: Jerry Parker, Division 7 Environmental Officer (electronic copy only)
Nikki Thomson, SEPI (electronic copy only)
Dave Bailey, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)
NCDWR Transportation Permitting Unit (electronic copy only)
WSRO File Copy