HomeMy WebLinkAbout20151173 Ver 1_Approval Letter_20151124Pat McCrory
Governor
North Carolina Department of Environmental Quality
Donald R. van der Vaart
Secretary
November 24, 2015
Granville County
NCDW R Project No. 20 i 511 %3
Bridge 93 on SR 1156
State Project No. 17BP.S.R.52
APPROVAL of 401 TAR-PAMLICO BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS
Mr. J. Hopkins, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Street �
Durham, NC 27704
Dear Mr. Hopkins,
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 93 in Granville County:
i ai°-Pamlico Ri arian Buffer Im acts
Site Zone 1 Impact Zone 1 Buffer 1Vlitigation Zone 2 Impact Zone 2 Buffer Mitigation
_(sq ft) _ R�uired (using 3:1 ratio) ;;�; (s ft� Rec�uired (using 1•5:1 ratio
Totals ' S605 I N/A � 1856 I N%A
* n/a = Total for Site is less than l/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 7461 square feet.
The project shall be constructed in accordance with your application dated November 9, 2015. This approval is
valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 02B.0259). In addition, you should acquire any other
federal, state or local pennits before you proceed with your project including (but not limited to) Sedir.ient and
Erosion Control, Non-Discharge and Water Supply `Natershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, y�u must notify the NCDWR and submit a new application. If the property is sold, the
new owner must be given a copy of this �ertification and approval letter, and is thereby responsible for complying
with all the conditions. [f t�tal 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). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0267. For this approval to remain valid, you must adhere to the conditions below.
Conditions of Certification:
1. The post-construction removal of any temporary bridge structures must return the project site to its
preconstiuction contours and zievaTions. The impacted arEas shall be revegetated with appropriate native species.
[15A NCAC 02H .0506(b)(2)] '
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-6300 \ Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer
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. [15A 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 to the most current version of Stormwater Best Management Practices.
[15A NC�4C 02I-i .0507(d)(2) and 15A NC�iC 02H ASOo(b)(5)]
4. All stormwa*.er runoff shall be directed as sheetflow through stream buffers at nor.-erosive velocities, unless
otherwise approved by this certification. [ 1 SA NCAC 2B.0259(6)]
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 foilowing completion of consri�uction. 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 [15A NCAC 2B.0259(6)]
6. Pursuant to 15A NCAC 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Tar-
Pamlico Buffer witnout prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and
erosion control devices in Zone l, 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. 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 tish kills. [15A NCAC 02B.0200]
8. Duringthe construction of the nroject, no staging of equipment of any kind is permitted in waters of the iJ.S., or
pro+.ected ri»arian b�affers. [? SA NC.4.0 02H.0406(bl(211 --- - �
9. The dimension, pattern and profile of the stream above and below the crossing shail not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)]
10. 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. [15A
NCAC 02H.0506(b)(2)]
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the per.nit drawings
submitted for approvaL [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
12. 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 excava±ion in flowing water. [15A NCAC
02H.0506(b)(3) and (c)(3)]
13. 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. [ 1 SA NCAC 02H.0506(b)(3)]
14. 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. [ 15A NCAC
02H.0506(b)(3)]
15. No rock, sand or other materials shail �be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
16. Dis�harging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
17. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (inciuding any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other
appropriate requirements of State and Federal law. Ifthe 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. [15A
NCAC 02B.0200]
18. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Ceriification and ail subsequent modifications, if any, shail be maintained with tne Division Engineer and
the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
19. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorizaiion
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]
20. 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 federa]) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
21. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery. [15A NCAC 02B.0506(b)(2)]
22. 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 the NCDWR when all
work included in the 401 Certification has been completed. [15A NCAC 02H.0502(fl]
23. Native riparian vegetation (i.e., trees and shrubs native 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
construction. [15A NCAC 2B.0259(6)]
. .. 24: ThPre shaIl be r.o excavation fi-c�m, or wast� d�sposal in±o, juricaict�onal wPtlar.ds nr waters associ3ted 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.[15A NCAC 02H.0506(b)(3) and (c)(3)]
25. 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 [15A NCAC 02H.0506(b)(3) and (c)(3)]:
a. The erosian and sediment control measu;es for the project must be designe�, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sedirnent 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.
26. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form frbm the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by ihe �ffice of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administ�ative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh; NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at 919-707-8786.
Sincerely,
� �
s' ,
S. Jay Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Eric F�ismeyer, US Army Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental Officer
File Copy
North Carolina Department of Environmental Quality
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
county:
Donald R. van der Vaart
Secretary
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 Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
ApplicanYs Certifieation
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 Ce:1if catron
_. ___. I,_ , hereby stare that, to the best of my abilitiec, d��e care and diligence
�vas 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:
Engineer's Certification
Partial Final
[ , as a duiy registered Professional Enginzer in the State of Norih
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.
Signzture
Date
Registration No.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-63001 Internet: www.ncdenr.gov
An Equal Opportunity 1 A�rmative Action Employer