HomeMy WebLinkAbout20071905 Ver 1_Approval Letter_20080107Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
fir any panicuiar item is not appticabie to ties project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
® Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 23 & 33 &12
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
II. Applicant Information
Owner/Applicant Information
Name: Gregory J. Thorpe Ph.D. Environmental Management Director
Mailing Address: 1598 Mail Service Center
Telephone Number: (9191733-3141 Fax Number: (919 733-9794
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 1 of 8
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 7, 2008
Beaufort County
DWQ Project No. 20071905
TIP B-4020
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO RIVER BUFFER AUTHORIZATION
with ADDITIONAL CONDITIONS
Dr. Gregory J. Thorpe, PhD., Manager
Planning & Environmental Branch
N.C. Department of Transportation
1548 Mai) Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts:
Wetlands Buffer Buffer
(acres) Streams
Site Number Temporary Hand Zone 1 Zone 2 (acres)
Fill Fill Excavation Clearin (square ft) (square ft)
TIP B-4020 0.22 0.08 0.15 0.31 3,943 3,113 < 0.01
Net Total Im acts 0.76 acres 7,056 ~ 0.01 ac
The project shall be constructed in accordance with your application dated received November 9, 2007 for the purpose of
replacing Bridge Number 8 over Tranters Creek on SR 1403 and SR 1567 in Beaufort and Pitt Counties. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Numbers 3701 and
3688. These certifications correspond to Nationwide Permits 23 and 33 respectively, issued by the Corps of Engineers. This
approval is also valid for the Tar-Pamlico River 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 issued by the US Army Corps of Engineers.
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 total impacts to streams or buffers (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.
l.) Upon completion of the project, 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.
2.) The pernuttee 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.
No~thCarolina
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone (252) 946-6481 QtllCll~~l,J
FAX (252) 946-9215 Internet: vvvvw.ncwaterquality.org
An Equal OpportunitylAffirmative Action Employer - 50% Recycledll0% Post Consumer Paper
3.) 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:
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 Manaial.
d. The reclamation measures and implementation must comply, with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
4.) If concrete is used during construction, a dry work area should be maintained to prevent direct contact between wring
concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surfarce
waters due to the potential for elevated pH and possible aquatic life and fish kills.
5.) 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.
6.) The dimension, pattern, and profile. of the stream above .and below the crossing should not be modified. >£3isturbed
floodplains and streams should be restored to natural geomorphic conditions.
7.) The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream sta)lsilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
8.) Heavy equipment maybe operated within the stream channels however, its usage shall be minimized.
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 chaimel except where authorized by this certif~ation.
11.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface warters is
prohibited.
12.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized
by this certification.
13.) The outside buffer, wetland or water boundary located within the construction corridor approved by this authoriziation
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within tlhe
fencing are prohibited unless otherwise authorized by this certification.
14.) New roadside ditches must be in compliance with the nitrogen control and diffuse flow requirements as required. an the
Tar-Pamlico Buffer Rules 15A NCAC 2B .0259 (6).
15.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the grcowing
season following completion of construction.
16.) There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this phermit
without appropriate modification. Should 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.
17.) All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise
approved by this certification.
18.) All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours 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.
19.) 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.
20,) Bridge deck drains should not discharge directly into the stream. Stormwater should 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.
21.) The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted areas shall be revegetated with appropriate native species.
22.) The permittee will need to adhere to all appropriate in-water work moratoriums (including the use of pile driving or
vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and
National Marine Fisheries Service. No in-water work is permitted between February 15 and September 30 of any year,
without prior approval from the NC Division of Water Quality and the NC Wildlife Resources Commission. In addition,
the permittee shall conform with the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage.
(May 12, 1997) at all times.
23.) A copy of this Water Quality Certification shall be posted 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.
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, P.O. Box 27447, Raleigh, N.C. 27611-7447.
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 Garcy Ward at (252) 948-3922.
S' cerely,
for Coleen Sullins
Director, Division of Water Quality
Attachment
cc: Wilmington District Corps of Engineers
Mr. William Wescott, US Army Corps of Engineers, Washington Field Office
Mr. Jay Johnson, Division 2 Environmental Officer, NCDOT
Mr. Garcy Ward, DWQ, Washington Regional Office
Mr. Steve Sollod, DCM, Raleigh
Mr. Stephen Lane, DCM, Morehead City
Central Files
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