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HomeMy WebLinkAbout20071181 Ver 1_Approval Letter_20071022\~~ A ~>~ ~ ~ } ~~~°f U `~' Michael F. Easley, Governor William G. Ross Jr., Secretary North' Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality October 22, 2007 Randolph County DWQ Project No. 20071181 Bridge No. 228 on SR 2834 TIl'/State Project No. B-4246 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Dr. Greg Thorpe, Ph.D., Director Project Development and Environmental Analysis NC Department of Transportation 1598 Mail Service Center Raleigh, NC 27699-1598 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. 228 on SR 2834 over Richland Creek in Randolph County: Stream Impacts in the Cane Fear River Basin Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Fill Total Stream Stream in Intermittent Intermittent Perennial Stream in Perennial Impact Impacts Stream (linear Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring ft) Mitigation 'near ft 2 0 0 0 48 48 0 Total 0 0 0 48 48 0 Total Stream Impact for Project: 481inear feet. Wetland Impacts in the Cape Fear River Basin Site Fill Fill Excavation Mechanized Hand Area under Total Wetland (ac) (temporary) (ac) Clearing (ac) Clearing Bridge Impact (ac) ac ac ac 2 0.01 0 0 0.01 0 0 0.02 Riverine Total 0.01 0 0 0.01 0 0 0.02 Total Wetland Impact for Project: 0.02 acres. The project shall be constructed in accordance with your application dated received July 6, 2007. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3627. This certification corresponds to the General 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. N~o°e~Carolina Transportation Permitting Unit ~attlCQlly 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: httg:/lh2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper ~~ ~~ ~ ~.~~ Michael F. Easley, Governor William G. Ross Jr., Secretary C~ ~G North Carolina Department of Environment and Natural Resources U, ~ Coleen Sullins, Director ~ ~ Division of Water Quality G: 'C 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 of 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. Condition(s) of Certification: 1. The temporary causeway shall occupy no more than 50 percent of the channel width at any time. 2. 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. 3. During the construction of the project, no staging of equipment of any kind is permitted in waters of the iJ.S., or protected riparian buffers. 4. 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. 5. 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. 6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 7. 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. 8. Heavy equipment shall be operated from the banks rather than in the stream channel except where authorized by this certification in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 9. 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. 10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. NorthCarolina Transportation Permitting Unit ,NattlrQay 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-689311ntemet: http•!/h2o enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmativeAaion Employer- 50% Recycled110% Post Consumer Paper • ~~~ ~N A ~.~~ Michael F. Easley, Governor William G. Ross Jr., Secretary ~~~ ~~ North'Carolina Department of Environment and Natural Resources ~„ ~ Coleen Sullins, Director ~ Division of Water Quality `C' 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 12. 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. 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 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. 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 issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 17. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 18. Upon completion of the project (including any impacts at associated borrow or waste site), 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. Green ash, sycamore, river birch, spice bush, tag alder, Virginia willow, ironwood, etc.) 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, 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. 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: N~o~lrthCarolina Transportation Permitting Unit ~ vatuCat'~l~ 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: htp•l/h2o enrstate.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper ~~ ,~ ~ ~.~~ Michael F. Easley, Governor William G. Ross Jr., Secretary ~C'' '«~r,. North Carolina Department of Environment and Natural Resources ~ ` ''~' ~ Coleen Sullins, Director ~, ~ ~ Division of Water Quality Q 'C` 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. 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 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 contact Brian Wrenn at (919)733-5715. S' ly, ~Z oleen Sullins - Attachments (General Certification and Certificate of Completion form) Cc: Art King, Division 8 Environmental Officer Richard Spencer, US Army Corps of Engineers, Wilmington Field Office Kathy Matthews, Environmental Protection Agency Marla Chambers, NC Wildlife Resources Commission Marella Buncick, US Fish and Wildlife Service (if applicable) Sue Homewood, DWQ Winston-Salem Regional Office File Copy Nao~r`[hCarolina Transportation Permitting Unit ~ yatuCQ~~y 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-689311ntemet: http•/Ih2o enr state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper ~Y~ 0~ ~'~ T`~~S' 5 ~ ~ .. ~ -{ C.•` `~' DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form maybe returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I~ ,hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, ,hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Date: Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of.the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. Nose Carolina Transportation Permitting Unit ~tllCQt'~1,~ 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: htto~/lh2o enr.state.nc.us/ncwetlands Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper