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Home My WebLink About20161269 Ver 1_Approval Letter_20170203Environmental Quality ROY COOPER t;�,�v,,,,,�� MICHAEL S. REGAN Seo�rmrr S. JAY ZIMMERMAN i�n�rn„�� February 3, 2017 Beaufort Counry NCD W R Project No. 20161269 Bridge No. 149 on SR I S08 State Project No. 17BP?.R.70 APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Ms. Maria Rogerson NCDOT, Division 2 P.O. Box 1587 Greenville, NC 27835 Dear Ms. Rogerson: You have our approval, in accordance widi the conditions listed below, for the following impac[s for [he purpose of replacing Bridge No. 149 over Acre Swamp on SR I508 (Long Ridge Rd) in Beaufort County: rian Buffer and Wetland I Site Buffer Zone 1 Buffer Zone 2 I Wetlands Bridge 149 � 3529 3841 � 0.04 Total 7370 0.04 The project shall be construc[ed in accordance wi[h your applica[ion da[ed received December 22, 2017. After reviewing your application, we have decided that these impacts are covered by General Water 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 Tao-Pamlico Riparian Buffer Rules (15A NCAC 2B.0259). In addition, you should acquire any o[her federal, sta[e or local permi[s before you proceed wi[h your project includin� (but not limired [o) Sediment and Erosion Control. Non-Dischar�e and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely tor 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 property is sold, the new owner must be given a copy of [his Certification and approval letter, and is thereby responsible for complying with all [he conditions. If total wetland tills for this project (now or in the future) exceed one acre, or of rotal impacts to streams (now or in the fuwre) exceed I50 linear feet, compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h) (6) and (7). Additional buffer impac[s may require eompensatory mi[igation as described in I SA NCAC 2B.0259. For [his approval to remain valid, you must adhere to the conditions listed in the attached certifica[ion(s) and any addi[ional conditions lis[ed below. Condition(s) of Certification: I. 'I'he issuance of this certitication does not exempt the Permittee from complying with any and all statu[es, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, stace, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. �'Notf�ing Compares — � State o(Nonh Carolina I Environmental Qualiry 1617 Mad Service Cenrer � Ralz�eh, Nonh Carolina 27699-1617 2. The Permittee shall ensure that the imal design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 3. 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. [15A NCAC 02B.0200] 4. 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] 5. 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)] 6. 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)] 7. 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)] 8. 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. 9. 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)] 10. 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)] . 11. Pursuant to 15A NCAC 2B.0259(6), 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. 12. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge and entrap small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of native trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0224, .0225] 13. 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)] 14. 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)] 15. 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)] 16. 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. To meet the requirements of NCDOT's NPDES permit NCS0000250, please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 17. 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)] 18. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. [15A NCAC 02H .0506(b)(3)] 19. 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) 20. 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)] 21. 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)] 22. 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. T'he 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.0233) 23. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. (15A NCAC 2B.0233) 24. New roadside ditches that do not control for nitrogen and attenuate flow before discharging through the riparian buffer are prohibited [15A NCAC 2B.0233(6)] 25. Native riparian vegetation 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.0506(b)(2)] 26. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 27. 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 requirements of State and Federal law. If the 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] 28. The Pertnittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [] SA NCAC 026.0506(b)(2)] 29. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and retum the enclosed "Certification of Completion Form" to noNfy the NCDWR when all work included in the 40] Certification has been completed. [15A NCAC 02H.0502(�] 30. A copy of this Water Quality Certifica[ion shall be maintained on the construction site at all times. In addition, the Water Qualiry Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project managec [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)j If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petiNon form from the office of Administrative hearings. You must file the petition with [he 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 tivough Friday between the hours of 8:OOam and S:OOpm, except for official 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 Adminishative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Heazings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 4313100 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 Garcy Ward at (252)946-6481or garcy.ward@ncdenr.gov. Sincerely, � ��-�` �r S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: Tom Steffens, US Army Corps of Engineers, Washing[on Field Office Jay Johnson, Division 2 Environmental OfFcer Gazcy Ward, NC Division of Water Resources Washington Regional Office File Copy Envir-onmen tal Quality NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: ROY COOPER Gorernor MICHAEL S. REGAN s�•��,��-rm�� S. JAY ZIMMERMAN v�,�«« ,. Certificate of Completion Upon completion of all work approved within the 401 Water Qualiry Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to remm 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 applicanrs authorized agent, or the project engineer. It is not necessary to send certificares from all of these. ,4pplicnn!'s Certifrcution I, , hereby state that, ro the best of my abilities, due care and dilijence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and inten[ ofthe 401 Wa[er Quality Certification and Buffer Rules, [he approved plans and specifications, and other supporting materials. Signature: Date: Agem's Certificutron �, , hereby s[ate that, ro[he bes[ of my abili[ies, due care and diligence was used in the observation of the construction such that the construction was observed ro be built within substantial compliance and intent ofthe 401 Water Quality Certitication and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: EngineePs Cerlifica�ian Partial Final [, , as a duly regis[ered Professional Engineer in the Sta[e of North Carolina, having been au[horized to observe (periodically, weekly, full time) [he conshuction of the project for [he Permittee hereby s[ate that, to the best of my abilities, due care and diligence was used in the observa[ion of the construction such [ha[ [he construction was observed to be built wi[hin substantial compliance and in[ent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin� materials. Signature Date Regis[ration No. �'Nothing Compares -- � Stale of North Carolina I Emironmental Qualiry 1617 Mail Szrvice Center I Raleigh. Nonh Carolina 2 7699-1 6 1 7