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HomeMy WebLinkAbout20151264 Ver 1_Approval Letter_20160105Water Resources EN VIRONM ENTAI. OUALiTY Site Totals PAT DICCRORY c„�e�„a� DONALD R. VAN DER VAAR"I� secre�ar�� S. JAY ZIMM�RMAN UireGur January 5, 2016 Warren County NCDWR Project No. 20151264 Bridge 89 on SR 1510 Sta[e Project No. 17BP.S.R.59 APPROVAL of 401 WATER QUALITY CERTIFICATION and 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 89 in Warren County: Stream Im acts in the Tar-Pamlico River Basin Site � Riprap Stabiliza[ion to Ferennial Siream Temporary Impact lo I (linear ftl � Perennial Stream (linear Total I 33 To[al Stream Impact for Project 53 linear feet. Wedand Im acts Site Permanent Fill (acl Total Total 20 in the Tar-Pamlico River Basin 0.01 � 0.03 Netland Impact for Project: 0.04 acres. Tar-Pamlico Ri arian Buffer Im acts Zone I Impact Zone I Buffer Mitigation ��. Zone 2 ImpaM (sq ft) s ft Re uired usin 3:1 ratio 3186 N/A 1497 * n/a = Total for Site is less than I/3 acre and 150 linear feet of impact, no mitig Total Buffer ImpaM for Project: 4683 square fee[. $lalc o(Nonh Camlina IEnvimnmental Qualih� � Water Resources 1017 Mail Service Center, Raleigh, Notlh Carolina 276994677 Total Strenm Impact ft linear ft 53 Total Wetland Impact (ac) I 0.04 Zone 2 Buffer Mitigation Re uired usin 1.5:1 ratic N/A The projec[ shall be constructed in accordance wi[h your applica[ion received December 7, 2015. ARer reviewing your applica[ion, we have decided [ha[ these impac[s are covered by General Wa[er Quality Certification Number 3883. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (ISA 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 Wa[er Supply Watershed regula[ions. This approval will expire with the accompanying 404 permit. � This approval is valid solely for ihe purpose and design describzd in your application (unless modified below). Should your projec[ change, you must notify the NCDWR and submi[ a new applica[ion. If the property is sold, [he new owner mus[ 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 of total impacts to streams (now or in the future) exceed 150 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 26.0259. For this approval to remain valid, you must adhere [o [he conditions listed in the attached certification(s) and any additional conditions listed below. Conditions of Certification: I. The post-construction removal of any temporary bridee structures must remm the project site to its preconstruc[ion contours and eleva[ions. The impacted areas shall be revegeta[ed with appropriate na[ive species. [15A NCAC 02H .0506(b)(2) ] 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 ofNCDOT's Best Management Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and ISA NCAC 02H .0506(b)(5)] 3. Bridge deck drains shall not discharge direcdy 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, etcJ before en[ering [he s[ream. Please refer to [he mos[ current version of Stormwater Re.c/ Management Prnctrces. ( I SA NCAC 02H .05071d)(2) and ISA NCAC 02H .0506(b)(51] 4. Bridge piles and bents shall be constructed using driven piles (hammer or vibrarory) or drilled shaft construction me[hods. More specifically, jetting or other methods of pile driving are prohibi[ed wi[hout prior wri[ten approval from the NCDWR first [ISA NCAC 02H.0506(b)(2)] 5. No drill slurry or water that has been in contact with unwred 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 the stream if driving or drilling activities occur within the stream channel, on Ihe stream bank, or within 5 feet of the top of bank. This condition can be waived with prior approval from Ihe NCDWR [I SA NCAC 02H .0506(b)(3)] 7. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless o[herwise approved by this certification. [15A NCAC 2B.0259] 8. All riparian buffers impacted by [he placement of [emporary fill or clearing ac[ivities shall be res[ored to the preconstruc[ion con[ours and revegeta[ed. Maintained buffers shall be permanendy revegetated wi[h non-woody species by [he end of [he growing season following comple[ion of construc[ion. For [he purpose of [his wndi[ion, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT maintenance activities includine mowing. The area wi[h non-maintained buffers shall be permanently revegetated with native woody species before the next growing season following completion of construction. [ I SA NCAC 2B.0259] A Pursuant to i�A NCAC 2BA2l9(fi) , sediment and erosion control devices shal! not be placed in Zone I oi 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 [his project. Moreover, cediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that 7_one I is not compromised and that discharge is released as diffuse flow. 10. If concrete is used during constructioq a dry work area shall be maintained to preven[ direct wntac[ between wring concrete and stream water. Water [hat inadvertendy contac[s uncured concre[e shall no[ be discharged to surface wa[ers due [o [he po[ential for elevated pH and possible aquatic life and fish kills. [ I SA NCAC 02B.0200] I I. During [he construction of the project, no s[aging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. [ISA NCAC 02H.0506(b)(2)] 12. The dimension, pattern and profile of the sReam above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restured to nnwral geomorphic condi[ions. [ I SA NCAC G2H.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 Permittee 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 I SA NCAC 02H .0506 (b)(2) and (c)(2)] I5. 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 Main[enance Ac[ivi[ies manual such as sandbags, rock berms, cofTerdams and other diversion structures shall be used ro prevent excavation in Flowing watec [ I SA NCAC 02H.0506(b)(3) and (c)(3)] I6. 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 in[o [he stream. [ I SA NCAC 02H.0506(b)(3)] 17. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent con[amina[ion of stream wa[ers from fuels, lubrican[s, hydraulic fluids, or other [oxic materials. [ISA NCAC 02H.0506(b)(3)] IS. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. �ISA NCAC 02H.0506(b)(3)] 19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [ISA NCAC 02H.0506(b)(3)] 20. The permittee and its authorized agents shall conduct its ac[ivities in a manner consisten[ with State water quality s[andards (including any requirements resulting from compliance wi[h §303(d) of [he Clean Water Act) and any other appropriate requirements of State and Federal law. If the NCDW R de[ermines that such standards or laws are not being met (including the failure W sustain a designated or achieved use) or that State or federal Iaw is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A NCAC 026.0200] 21. All fill slopes located in jurisdictional wedands shall be placed at slopes no Flatter than 3:1, unless otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)] 22. 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 sabsequent modifications, if any, shall be main[ained with the Division Engineer and the on-site project managec [I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)] 23. The ou[side buffer, wetland or water boundary located within the construc[ion corridor approved by this au[horization shall be clearly marked by highly visible fencing prior [o any land dis[urbing ac[ivi[ies. Impacts to areas wi[hin the fencing are prohibited unless otherwise authorized by this certification. [ISA NCAC 02H.0501 and .0502] 24. The issuance of this certification does not exempt the Permittee from complying with any and all stamtes, rules, reguiations, or ordinxnces tha[ may be imposeJ by otner government agencies (i.c. locnl, state, an� federalj having jurisdic[ion, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 7.6. The Pennittee shall report a�ry violations of this certification to the Division of Water Resourees within 24 hours of discovery. [ISA NCAC 02B.0506(b)(2)] 27. Upon comple[ion of [he project (including an}' impac[s a[ associa[ed borrow or was[e si[es), the NCDOT Division Engineer shall comple[e and retum the enclosed "Certifica[ion of Completion Form" ro no[ify [he NCDWR when all work included in the 401 Certification has been completed. [ I SA NCAC 02H.0502(�] 28. Na[ive riparian vege[ation (i.e., [rees and shrubs native [o your geographic region) mus[ be reestablished in [he riparian areas wi[hin Ihe construction limits of [he project by the end of [he growing season following comple[ion of construction. [ISANCACO2B.0506(b)(2)] 29. There shali be no excavation from, or waste disposal inro, jurisdictional wetiands or waters associated with this permit without appropria[e modification. Should waste or borrow sites, or access roads [o waste or borrow si[es, be located in wetlands or streams, compensa[ory mitigation will be required since that is a direc[ impact from road construction activities.[ I SA NCAC 02H.0506(b)(3) and (c)(3)] 30. 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 [ I SA NCAC 02H.0506(b)(3) and (c)(3)]: a. The erosion and sediment control measures for [he projec[ must be designed, ins[alled, operated, and maintained in accordance with the most recent version of the North Caro(ina Sedimen! and Erosion Control Planning und Design Manua[. b. The design, installation, opera[ion, 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 Carolrna Sedrmen7 and Erosion Contro[ 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 bomow pit sires, the erosion and sediment control measures must be designed, installed, operated, and main[ained in accordance with the most recen[ version of Ihe North Carolrna Se�rface Mining Mant�al. d. The reclamation measures and implementation must comply with the reclamation in acwrdance with the requirements of the Sedimentation Pollution Control Act. 31. Sedimer.r and eresion contml measures shal( oet be rlaced in wetla�ds or H�a[ers unless othenvise approved hy this Certification. �ISA NCAC 02H.0506(b)(3) and (c)(3)] If you wish [o con[est any statement in the attached Certification you must file a pe[i[ion for an administrative hearing. You may obtain the pe[i[ion form from [he office of Administra[ive hearings. You must file [he petition with the office of AdminisVative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of AdminisVative Hearings during normal oftice hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of S:OOam and S:OOpm, except for official state holidays. The original and one (I) copy of the petition must be filed with the Offiee of Administra[ive Hearings. ' The petition may be faxed-provided the original and one copy of [he document is received by [he Office of Adminis[ra[ive Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Cen[er Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 4S I-3100 A copy of the petition must also be served on DEQ as follows: A1c Sam M. Hayes, Generai Coursel Department oF Environmental Qualiry 1601 Mail Service Cen[er This letter completes [he review of the Division of Wa[er Resources under Sec[ion 401 of the Clean Water Act. If you have any questions, please con[ac[ Rob Ridings at 919-707, 8786. Sincerely, � ����--�---�`� �y S. Jay Zimmerman, Direc[or � Division of Wa[er Resources Electronic copy only distribution: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Chris Murray, Division 5 Environmental Officer File Copy Water Resources ENVIRONMENTAL OUAI.ITY NCDWR Project No.: Applicanr Project Name: Date of Issuance of 401 Water Quality Certification: COU11Iy: PA"f MCCRORY �s(11'L1]10f UON'ALD R. VAN DL'R VAAR"P s�•�.�m�. S. JAY ZIMMGRMAN (Jife[1nI Certificate of Complelion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequen[ modifica[ions, [he applican[ is required to retum this certifica[e to [he 401 Transportation Permitting Uni[, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCD`.NR by the applicant, the applicanYs authorized agent, or the project eng:ncer. It is not necessary to send certificates from all of these. App(icant'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 in[ent of Ihe 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting ma[erials. Signaiure: Date: ,Agent's Cer:ification �, , 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 substan[ial compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Da[e: Engineer's Certifieation Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized ro observe (periodically, weekly, full time) [he 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 construc[ion such that [he construc[ion was observed to be built within substan[ial compliance and inten[ of the 401 Wa[er Quality Certifica[ion and Buffer Rules, the approved plans and specifications, and other supporting naterials. Signature Da[e Regis[ration No. Slate of Norch Camlina IEnvironmental O��ality � Wmer Rcwurces 1617 Mail Service Center, Raleigh, NORh Carolina 27699461 i Phone:919-807-6300