HomeMy WebLinkAbout20151287 Ver 1_Approval Letter_20160128.�,.
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Water Resourees
ENVIRONMENTAL �UALITY �
PAT MCGRORY
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DONALD R. VAN D.ER VAART
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S. JAY ZIMMERMAN
Uireclor
January 28, 2016
Warren County
NCDWR Project No. 20151287
Bridge 3 on SR 1001
State Project No: 17BP,S.R.56. .
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 3 in Warren County:
Stream Impacts in the 'I'ar-Pamlico River Basin
�y Site Riprap $tabilization to Perennial T Temporary Fill in, Perennial Total Stream Impact .
Stream (linear ft Stream `linear ft) linear ff
Total 70 70 (Concurrent) 70
Total Stream Impact for Project: 701inear feet.
Wetland Im acts in the Tar-Pamlico River Basin
Site Mechanized Clearin ac Total Wetland Im act (ac)
Total 0.03 0.03
Total Wetland Impact for Project: 0.03 acres.
Tar-Pamlico Ri arian Buffer Im acts
Site Zone 1 Impact Zone 1 Buffer Mitigation Zone 2 Impact Zone 2 Buffer Mitigation
(s ft Re uired (usin 3:1 ratio (s ft Re uired usin 1.5:1 ratio
Totals 7661 N/A = 3�49 lv/A
* n/a = Total for Site is IesS than 1/3 acre and 150 line.ar feet of impact, no mitigation required
'I'otal Buffer Impact for Project: 11510 square feet:
The project shall be constructed in accordance with.your application received Deceinber 1 l, 2016. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3883. This certification coi�responds to the Nati�nwide Permit 3 issued '�y the Carps of Er�ginecrs. This approval is
also valid for the Tar-Pamlico Riparian Buffer Rules (15A_NCAC 2B.0259). In addition, you should acquire_any.
otlier federal, state or local permits before you proceed with:your project including (but not limited to) Sediment arid
Erosion Conirol, Non-Discharge and Water Supply Watersired regulations. This approval ��ill expire witl� the
� accompanying 404 permit.
State of Nortli Csrolina �Environmental Quality � Water Resoiuces
1617 Mail Service Center, Raleigh, Norih Carolina 27699-1617
Phone: 919-807-6300 .
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 properly is sold, the
new owner must 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 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0259. For this approval to remain valid, you must adhere to the conditions listed in
the attached certiiication(s) and any additional conditions listed below.
Conditions of Certification:
1. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native 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 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
NCAC 02H .0507(d)(2) and 15A 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
the NCDWR first. [15A NCAC 02H.0506(b)(2)]
5. No drill sliury or water that has been in contact with uncured concrete shall be allowed to enter surface waters.
This water sl:all �e captu.red, treated, ar.c! disposed of preperly. f 15A 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 the stream bank, or within 5 feet of the top of bank. This condition can be waived with prior approval from the
NCDWR. [15A 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 certification. [15A NCAC 2B.0259]
8. 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.0259]
9. Pursuant to 15A NCAC 2B.0259, sediment and erosion control devices shall not be placed in Zone 1 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 1, 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.
10. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing ccncrete and stream water. Water that inadve�rtentiy contacts uncure� concrete shail nct be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 02B.0200]
11. During the canstruction of the oroject, no staging af ea,uipment of any kind is permi�ted in v�aters of the U.S., or
pmtected riparian buffers. [15A NCAC 02EI.0506(b)(2)]
12. 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 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. [15A
NCAC 02H.0506(b)(2)]
14. The Permittee shall ensure that the final desigr. drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCA� 02H .0507 (c) and 15A NCAC 02F-i .OSOb (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 current 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 pollutants into the stream. [ 15A 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. [15A 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 to surface waters
is prohibited. [15A 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 reauirements of Stat� and Federal law. If the NCDWR det�_rmines that such standards or laws are not being
mPt (inc,lud�ng the failurP to sustain a designated ^r achieved ��sel or tha± State or fe�eral law is bPing viola±ed, or that
further conditions are necessary to assure compliance, the NCD W R may reevaluate and modify this certitication. [ 15A
NCAC 02B.0200]
21. All 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)]
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 subsequent modifications, if any, shall be maintained with the Division Engineer and
the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
23. 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]
24. The issuance of this certifcation 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.
25. 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)]
26. iJpon compietion of the project (including any im�,acts at associated borraw or waste sites), the NCDUT 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]
27. Native ripai•ian vegetation (ie, trees and slvubs native to your geo�raphic 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 02B.0259(10)] -
28. 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)]
29. 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 ta protect surface waters
standards [15A NCAC 02H.0506(b)(3) and (c)(3)j:
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 Manaral. 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.
30. 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 administr�tive
h�arin�. Yeu ma, obtaLn the petition f��-m fi om the office of Administrative hParings. Yn?i m�ist f]e the pet�tion
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
ftled 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 o�cial 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 the Office of
Administrative 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 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. Jay Zimmerman, irector
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US P.rmy Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental Officer
File Copy
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Water Resources
ENVIRONMENTAL OUALITY
NCDWR Project No.: _
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
COURi)':
PAT MCCRORY
� u��,��t�n�,r� .
DONALD R. VAN DER VAART
Secrelc�rv
S. JAY ZIMMERMAN
Uireclor
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 NCDV�'R by the applicant, the applicant's 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 con.struction 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. .
Sigilature: Date:
Agert's �e, t�fcc�tion
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:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, liaving 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 Carolina �Environmental Quality � Vl'ater Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617