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Home My WebLink About20150192 Ver 1_Approval Letter_20150316Paf McCrory Governor �� NCDENR North Carolina Department of Environment and Natural Resources Donaltl van der Vaarl Secretary March I6, 2015 Nash County NCD W R Proj ect No. 20150192 Bridge 28 on SR 1321 State Project No. 17BP.4.R.55 APPROVAL of 401 WATF,R QUALITY CF,RTIFICATION and TAR-PAMUCO BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Tim Little, P.E., Division Engineer NCDOT, Division 4 PO Box 3165 Wilson, NC 27895 Dear Mr. Little: Yoo have our approval, in accordance with the conditions Iisted below, for the following impacts for the purpose of replacing Bridge 28 in Nash Cotmty: Site Total Basin Hand 0.01 I 0.01 Total WeUand Impact for Project: 0.01 acres. Site � Zone 1 Impact Totals I 2023 Tar-Pamlico Ri �arian BuPfer Im acts Zone I Buffer Mitigation Zone 2 Impact teauired (usine 3:1 ratiol (sa fFl N/A * n/a = Total for Site is less than I/3 acre and 150 linear feet Total 6affer Impact for Project: 3431 square feet. Zone 2 Buffer Mitigation :eauired (usine LSil ratic 1408 � N/A ; no mitigation required The project shall be constructed in accordance with your application received February 12, 2015. After reviewing your application, we have decided lhat these impacts are covered by General Water Quality Certification Number 3883. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for [he Tar-Pamlico Riparian Buffer Rules ( I SA NCAC 2B.02S0). In addition, you should acquire �ny o[her federal, sta[e or local permits before you proceed with your projec[ including (but not limited [o) Sedimen[ and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This appiroval will expire with the accompanying 404 permit. 1617 Mall Servlce Cen�er, Raleigh, Nor�h Carollna 27699-1617 Phone�. 919-807-6300 \ Inteme�: wwwncdenr.gov An Equal Oppotlunity 1 Alfirmalive Action Employer 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 Cenification and approval letter, and is thereby responsible for comptying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impac[s to streams (now or in the fu[ure) exceed I50 linear feet, compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in I SA NCAC 26.0260(9). For this approval to remain valid, you must adhere [o the conditions listed in the attached certification and any additional conditions listed below. Conditions oT Certification: I. The outside buffer, wetland or water boundary located within [he conshuction 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. [15A NCAC 02H.0501 and .0502] 2. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for Construction and Maintenance Activities. [ I SA NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 3. 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 [o the most current version of S[ornrwater Best Mnnagemen( Practices. [ I SA NCAC 02H .0507(d)(2) and ISA NCAC 02H .0506(b)(5)] 4. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval from [he NCD W R first. [ I SA NCAC 02H.0506(b)(2)] 5. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This wa[er shall be captured, treated, and disposed of properly. [I SA NCAC 02H .0506(b)(3) 6. A turbidity curtain will be installed in Ihe s[ream if driving or drilling activities occur within the stream channel, on the stream bank, or within 5 feet of the [op of bank. This condition can be waived with prior approval from the NCDWR. [ISA NCAC 02H .0506(b)(3) 7. All stormwater runoff shall be directed as sheetFlow through stream buffers at non-erosive velocities, unless otherwise approved by this certiflcation. [ I SA NCAC 2B.0250] 8. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be res[ored to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody species by the end of [he growing season following completion of constructioa 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 nommaintained buffers shall be pennanently revegetated with native woody species before the next growing season following completion of construction. [( SA NCAC 2B.0250] 9. Pursuan[ to I SA NCAC 2B.0250(6), sediment and erosion control devices shall not be placed in Zone I of any Tar-Pamlico Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and erosion control devices in Zone I, 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 I is not compromised and that discharge is released as diffuse flow. 10. 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 po[ential for elevated pH and possible aquatic life and fish kills. [15A NCAC 02B.0200] 1 I. 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. [15A NCAC 02H.0506(b)(2)] 12. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Diswrbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] 13. 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. [ I SA NCAC 02H.0506(b)(2)] 14. The Permitree shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approvaL [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 15. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most wrrent 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. [15A NCAC 02H.0506(b)(3) and (c)(3)] 16. 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 pollutan[s into the stream. [ I SA NCAC 02H.0506(b)(3)] 17. 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 [ISA NCAC 02H.0506(b)(3)] 18. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [15A NCAC 02H.0506(b)(3)] 19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent ro surFace waters is prohibited. [ISA NCAC 02H.0506(b)(3)] 20. 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 the NCDWR 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, the NCDWR may reevaluate and modify this certification. [ l5A NCAC 02B.0200] 21. All fill slopes located in jurisdictional wedands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certiflcation. [15A NCAC 02H.0506(b)(2)] 22. A copy of this Water Quality Certification shall be maintained on the construction site at alI times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site projec[ manager. [ I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)] 23. 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. 24. The Pennittee shall report any violations of this certification to the Division of Water Resources wi[hin 24 hours of discovery. [ I SA NCAC 02B.0506(b)(2)] 25. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or whomever is the authorized agent if a non-NCDOT project) shall complete and return [he enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [ I SA NCAC 02H.0502(�] 26. Native riparian vegetation (i.e, trees and shrubs na[ive 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 constroction.[15A NCAC 02B.0233(10)] 27. There shall be no excavation from, or waste disposal into, jurisdic[ional wetlands or waters associated with this permit without appropria[e 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.[I SA NCAC 02H.0506(b)(3) and (c)(3) 28. Erosion and sediment control practices must be in fiill coinpliance with all specitica[ions governing the proper design, installa[ion and operation and maintenance of such E3es[ Management Prac[ices in order to protect surface waters standards [ I SA NCAC 02H.0506(b)(3) and (c)(3): a. The erosion and sediment control measures for Ihe projec[ must be designed, ins[alled, opera[ed, and maintained in accordance with the most recent version of the Nor[h CarolDm Sedi�nent and Erosron Cantrol P(rinning und Design Mnnun(. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such �hat they equal, or exceed, the requirements specified in the most recent version of d�e Nor1h Ccn�olinn Sediiuen� and Erosion Co��lrol Mannnl. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projee[s, including convactor-owned or leased borrow pi[s associated with the projec[. c. For borrow pit sites, the erosion and sediment conhol measures must be designed, installed, operated, and maintained in accordance with Nie most recent version of the North Cnrolina Sanjace Minrng Manunl. d. The reclamation measures and implemen[ation nmst comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 29. Sedimen[ and erosion control measures shall not be placed in wetlands or waters unless olherwise approved by [his Certification. [ISA NCAC 02H.0506(b)(3) and (c)(3) If you wish to contest any statement in the attached Certification you must file a petiCion for an administrative hearing. You may obtain the petition fonn from the office of Administrative hearings. You must file the petition wi[h the office oC Administrative Hearings within sixry (60) days of receipt of this notice. A petition is considered filed when i[ is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Priday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one ( I) copy of the petition must be filed with the Office of AdminisU'alive Hearings. The petition may be faxed-provided tlie original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed fransmission. The mailing address for the Office of Administrative Hezrings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-67I4 Telephone:(919)-431-3000, Facsimile:(919)-431-3100 A copy of the petition must also be served on DENR as follows: Mr. Sam M. Hayes, General Counsel Department of 6nvironment and Nahval Resources 1601 Mail Service Center This letter completes the review of the Division of Water Resources under Section 401 of the Clean Waler AcL If you have any questions, please contact Rob Ridings at 919-707-8786. Sincerely, 'I� i' i 1� �� !�1 i`�/'v� J� -�- -J (, S. Jay Zimmennan, Director � Division of VJater Resources Electronic copy only distribution: Tom Steffens, US Army Corps of Engineers, Washington 1^ ield Oftice Chad Coggins, Division 4 Environmental Offlcer File Copy �� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Cerfi(ication: County: Donald van der Vaarl Secretary Cer[iticate 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 "Cransportation Pennitting Uni[, North Czrolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be reh�rned to NCDWR by the applicanl, the applicanYs authorized agent, or the project engineer. It is no[ necessary to send cer[ificates from all of these. Applicm�l's Cerfificrdloa �, , hereby state that, to the best of my abilities, due care and diligence was used in [he observation of the construction such that the construction was observed to be built within substantial compliance and intenl of Ihe 401 Water Quality Certification and Buffer Roles, the approved plans and specifications, and other supporting materials. Signature: _ Date: Ageal's Cerrrfrealion �, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such [ha[ the construction was observed to be built within subs[antial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifica[ions, and o[her supporting ma[erials. Signa[ure: . EngineePs Cerlifien(ion Pai4ial Pinal �, , as a duly registered Professional Engineer in tlie State of North Carolina, having been authorized to observe (periodically, weekly, full time) [he construetion of the projec[ for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construclion such that the construction w2s observed to be built within substantial compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Regis�ration No. 1617 Mail Service Center, Raleigh, Nodh Carollna 2769&1617 Phone�. 919-807-6300 \ InlerneC www.ncdencgov An Equal Oppotluniry 1 ARinna�ive Actian Emplayer