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HomeMy WebLinkAbout20071962 Ver 1_Approval Letter_20071126Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality November 26, 2007 Granville County DWQ Project No. 20071962 Bridge 84 on SR 1141 T1P No. B-4124 APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Dr. Gregory J. Thorpe, Ph.D., Environmental Management Director NCDOT, Project Development and Environmental Analysis 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 84 in Granville County: Stream Impacts in the Tar-Pamlico River Basin Site Tem orar Fill in Perennial Stream linear ft Total Stream Im act linear ft 1 32 32 Total 32 32 Total Stream Impact for Project: 321inear feet. Tar-Pamlico Ri arian Buffer Im acts Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 Zone 2 Buffer Impact Wetlands Buffers Mitigation Impact Wetlands Buffers Mitigation (sq ft) in Zone 1 (not Required (sq ft) in Zone 2 (not Required (using (sq ft) wetlands) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio) s ft s ft 1 Bride 7,052 0 7,052 N/A 4,995 0 4,995 N/A 1 0 0 0 N/A 260 0 260 N/A (A roach 2 645 0 645 1,935 2,370 0 2,370 -3,555 3 755 0 755 2,265 890 0 890 1,335 Totals 8,452 0 8,452 4,200 8,515 0 8,515 4,890 * n/a =Allowable impact; No mitigation required. Total Buffer Impact for Project: 16,967 square feet. The project shall be constructed in accordance with your application dated received November 20, 2007. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3688. This certification corresponds to the Nationwide Permit 33 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B.0259). 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.,oQne~Carolina Transportation Permitting Unit ~'tuCaay 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: http://h2o.enr.state.nc.us/ncwetlands An Equal OpportuniiylAffirmative Action Employer - 50% Recycledl10% Post Consumer Paper F WgTF Michael F. Easley, Governor ~ 9 William G. Ross Jr., Secretary `O~ pG North Carolina Department of Environment and Natural Resources cq ~ Coleen Sullins, Director ~ Division of Water Quality o ~ 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 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 as well as those listed below. Conditions of Certification: 1. Compensatory mitigation for impacts to 1,400 square feet of protected riparian buffers in Zone 1 and 3,260 square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Ecosystem Enhancement Program (EEP). Mitigation for unavoidable impacts to Tar-Pamlico Riparian Buffers shall be provided in the Tar-Pamlico River Basin and done in accordance with 15A NCAC 2B.0259. EEP has indicated in a letter dated October 8, 2007 that they will assume responsibility for satisfying the compensatory mitigation requirements for the above-referenced project, in accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004. 2. The post-construction removal of any temporary bridge structures must return the project site to its preconstructioncnntours and elevations. The impacted areas shall be revegetated with appropriate native species. 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. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 5. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 6. All stbrmwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. 7. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstructioncnntours and revegetated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated, with native woody species before the next growing season following completion of construction. 8. Pursuant to NCACISA 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Tar-Pamlico Buffer without prior approval by the NCDWQ. At this time, the 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. 9. 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. N~one~Carolina Transportation Permitting Unit / -'u~llra~~l~ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper W A T~ Michael F. Easley, Governor O~ ~ ~~ OG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ` Uj ~ Coleen Sullins, Director ~ ~ Division of Water Quality U 'C 10. 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. 11. 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. 12. 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. 13. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 14. 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. 15. 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. 16. 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. 17. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 19. 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. 20. 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. 21. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that maybe 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.• - 22. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 23. 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. 24. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. No"~e Carolina Transportation Permitting Unit " ' ""tuCa~~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: http~//h2o enr state.nc.us/ncwetlands An Equal OpportunitylAffirmativeAaion Employer - 50% Recycled/10% Post Consumer Paper ~ ~ 7-~ Michael F. Easley, Governor Q~Q ~QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ` Uj ~ Coleen Sullins, Director ~ ' Division of Water Quality ~ -- '~ 25. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this pernut 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. 26. Erosion and sediment control practices must be in foil 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: 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. 27. 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 Rob Ridings. at (919) 733-9817. Sin ely, Coleen Sullins Director Attachments (General Certification and Certificate of Completion form) cc: Chris Murray, Division 5 Environmental Officer Deanna Riffey, NCDOT PDEA Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Travis Wilson, NC Wildlife Resources Commission Gary Jordan, US Fish and Wildlife Service Beth Harmon, Ecosystem Enhancement Program File Copy N~o°°~Carolina Transportation Permitting Unit ~ ~"tuCa~~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: htto://h2o.enr.state.nc.uslncwetlands An Equal OpportunitylAffirmativeAaion Employer - 50% Recycled110% Post Consumer Paper