20090377 Ver 1_Approval Letter_20090420

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 20, 2009
Orange County
NCDWQ Project No.2009-0377
Bridge 66 SR 1002
TIP/State Project No. B-4216
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Mr..Thorpe:'
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. 66 over Strouds Creek on SR 1002 (St. Mary's Road) in Orange County:
Stream Impacts in the Neuse River Basin
Site. Permanent Fill in Temporary Fill in . Permanent Fill in Temporary Fill in Total Stream Stream
Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts
Stream (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Requiring
Mitigation
linear ft
I <0.01 acres 52 52 n/a
Total Stream Impact for Project: 52 linear feet.
Neuse Riparian Buffer Iinpacts
Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) : in Zone 1 wetlands) Required (sq ft) - in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
s ft
1 5143 0 5143 n/a 3040 0 3040 n/a
* n/a = Total for Site is less than 1/3 acre and ISO linear feet of impact, no mitigation required
Total Buffer Impact for Project: 8183 square feet.
The project shall be constructed in accordance with your application dated March 25, 2009 and received April 7,
2009. After reviewing your application, we have decided that these impacts are covered by General Water Quality
Certification Number 3701 and 3688. This certification corresponds to the Nationwide Permit 23 and Nationwide
Permit 33 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A
NCAC 2B .0233. 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 NCDWQ and submit a new application. If the property is sold, the Not hCarolina
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying Naturally
North Carolina Division of Water Quality - 585 Wauglrlown Street Phone [phone] Customer Service
Internet:v .nmaterquality.org Winston-Salem, NC 27107 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr, Greg Thorpe, P.E.
April 20
,2009
D WQ# 09-0377
Page 2
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 and any additional conditions found below.
Condition(s) of Certification:
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. Bridge deck drains should 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 Stormwoter Best
Management Practices.
3. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly.
4: All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification..
5. 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 NCDOT 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.
6. Pursuant to NCACISA 2B .0233(6), sediment and erosion control devices shall not be placed in Zone I of
any Neuse Buffer without prior approval by NCD WQ. At this time, 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.
7. 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.
8. 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.
9. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery.
10. 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
NCDWQ when all work included in the 401 Certification has been completed.
11. 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.
Mr. Greg Thorpe, P.E. -
April 20
,2009
DWQ# 09-0377
Page 3
12. 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.
13. 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.
14. 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.
15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
16. Fill 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 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, 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 Amy Euliss at [phone].
Sincerel ,
e r Sullins
Dirrect tor
Cc: Andy Williams, Raleigh US Army Corp District Office
Jerry Parker, Division 7 Environmental Officer
Travis Wilson, NC Wildlife Resources Commission
Wetlands/-401,-Transportation-Permi ransportation-Permitting Unit
File Copy
Mr. Greg Thorpe, P.E.
April 20
,2009
DWQN 09-0377
Page 4
NCD W Q 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
may be returned to NCDWQ 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
1, 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
Registration No.
Date