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