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Home My WebLink About20151179 Ver 1_Approval Letter_20151203��„�. � � �: - Water Resources ENVIRONMENTAL OUALITY PAT MCCRORY c��,��,•„��,• DONAL,D R. VAN DER VAART s��•,�� S. JAY Z[MMERMAN , D!1'CCIOY December 3, 2015 Guilford County NCDWR Project No. 20151179 Bridge 208 on SR 3051 TIP No. B-4961 BRZ-3051 APPROVAL of Jordan Lake Watershed Buffer Authorization with Additional Conditions Mr. Colin Mellor, Group Leader NCDOT, Project Development and Environmental Analysis Unit 1020 Birch Ridge Drive Raleigh, NC 27610 Dear Mr. Mellor: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 208 over an UT to Little Alamance Creek with another bridge in Guilford County: Jordan Lake Watershed Ri arian 8uffer Im acts Zone 1 Impact Zone 1 Buffer Zone 2 Zone 2 Buffer Site (sq ft) Mitigation Required ''�` Impact Mitigation Required usin 3:1 ratio ��t s ft usin 1.S:1 ratio 1 4656 - 839 - (Bridge) 1 (Road Crossing) 25 � - �� 1723 - (Road Crossin ) g96 - y� 1050 - 1 1266 3,798 �" 1280 - (Utility Im acts) � Totals 7,069 3,789 �"�'� - ��,,;, 4,892 Total Buffer Impact for Project: 11,961 square feet. The project shall be constructed in accordance with your application dated received November 10, 2015. 7'his approval is valid for the Jordan Lake Riparian Buffer Rules (15A NCAC .02B .0267). 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 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. Ifthe properly is sold, the new owner must be given a copy of this Authorization, 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 150 linear feet, com�ensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). Additional bui'fer impacts may'require compensatory mitigation as described in 15A State of North Carolina �Environmental Quality � Water Resources 1617 Mail Service Center, Raleigh, North Carolina 27099-1617 Phone:9�9-807-6300 NCAC 026 .0267. For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. Condition(s) of Certi6cation: Project Specific Conditions 1. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [15A NCAC 2B .0267] 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. [ 15A NCAC 2B .0267] 3. Pursuant to 15A NCAC 2B .0267, sediment and erosion control devices shall not be placed in Zone 1 of any Jordan Buffer without priar apnroval 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. 4. Any modifications to this 401 Water Quality Certification that propose additional stream impacts or increased impervious surface requiring additional stormwater management may be subject the Jordan Water Supply Nutrient Strategy (15A NCACO2B .0267). The NCDOT shall coordinate with the NCDWR prior to submitting a modification request to determine the applicability of the Jordan Water Supply Nutrient Strategy. 5. The post-construct�on remova! of any temporary bridge s±:-�ictures must r�tGrn the projPct site t� its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2) 6. 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)] 7. Bridge decic 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 NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 8. 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 the NCDWR first. [15A NCAC 02H.0506(b)(2)] 9. 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. [ 15A NCAC 02H .0506(b)(3) 10. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary causeways, or floating or_sunken barges. [ 15A NCAC 02H .0506(b)(3)] Off-Site Buffer Mitigation 11. Compensatory mitigation for impacts to 1,266 square feet of protected riparian buffers in Zone 1 shall be required. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP). Mitigation for unavoidable impacts to Jordan Riparian Buffers shall be provided in the Cape Fear River Basin an� done in accordance with I �A NCAC .02B .0295. The DMS has indicated in a letter dated October 29, 2015 that they will assume responsibility for satisfying the compensatory mitigation requirements for the above-referenced project, in accordance with DMS's Mitigation Banking [nstrument signed July 28, 2010. General Conditions 1. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culvens having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 2. 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. [1�A NCAC 02B.02G0] 3. 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)] 4. . 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 natura( geomorphic conditions. [ 15A NCAC 02H.0506(b)(2)] 5. The «se.of rip-rap above the Normal High Water Mark chall be minimized. Any rip-rap placed for stream s+abil�zatior, sha?� he placed in stream channelc in s!i�h a manner th2t it does not imp:de aquatic life passage. [15A NCAC 02H.0506(b)(2)� 6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for,approval. [l5A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (�)(2)l 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version ofNCDOT Construction and Maintenance Activities manual such as sandbags; rock berms, cofferdams and other diversion structures shall be ased to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 8. 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)] 9. All mechanized eGuipment 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)] 10. 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)] i i. Discharging hytlrose:,� mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [ISA NCAC 02H.0506(b)(3)] 12. The permittee and its authorized agents sha�l co;�duct its activities in a manner consistent with State water quality standards (in�luding 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.Iaws 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] 13. Al) fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)] 14. 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. [15A NCAC 02H .0507(c) and 15A I�1CAC OZH .0506 (b)(2) and (c)(2)] - 15. 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. [15A NCAC 02H.0501 and .0502] 16. 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. 17. 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)] 18. Upon completion of the project (including any impacts at associated bonow or waste sites), the NCDOT Division Engineer (or appointee) 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] 19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the proiect by the end of the growing season following completion of construction. [15A NCAC Q2B.Q26?(10)l 20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated 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)] 21. 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 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. 22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [15A NCAC 02HA506(b)(3) and (cj(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 from 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 ot�cial state holidays. The original and one (1) copy ofthe 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 the Office of Administrative Hearings within five (5) business days following the faxed transmission. The maiiing address for the Office of Administrative 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 Dave Wanucha at (336) 776-9703 or Dave Wanucha@,ncdenr.gov. Sincerely, � � S. Jay Zimmerm n, Director Division of Water Resources Electronic copy only distribution: Dave Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Parker, Division 7 Environmental Officer Nicole Thompson, Division 7 Environmental Assistant Colin Mellor, NC Department of Transportation Carla Dagnino, NC Department of Transportation Travis Wilson, NC Wildlife Resources Commission Beth Harmon, Division of Mitigation Services File Copy �'• � �,;:< . Water Resources ENVIRONMENTAL QUALITY NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: COUIItj�: PAT MCCRORY � DONALD R. VAN DER VAART s��r�inr�� S. JAY IIMMERMAN lhrec(or 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 app:icar�Ys 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 Ru(es, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certi,�eation [, , 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 Partial Final Date: l, , 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 Date Registration No. State of North �arolina IEnvironmental Quality � Water Resources 1617 Mail Service Center, Raleigh, Norfh Carolina 27699-1617