HomeMy WebLinkAbout20180561 Ver 1_Approval Letter_20180803ROY COOPER
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MICHAEL S. REGAN
Se(>Nary
LINDA CULPEPPER
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NORTH CAROiINA
fnr4onnQenral Quulfty
August 3.'_018
Jones Coun[y
NCDWR Projec[ No. 30180561
TIP B-4>6;
APNROVAL of�l01 WATER QUALITY CERTIFICATION and NF,USF. RUFFF.R AUTHORIZATION with
ADDITION.4L CONDITIONS
Mr. Ju� lohnson
NCDO"�. Division 3
1037 W.H. Sntidi E31vd.
Greenville, NC 278.i
Dear Mr. Johnson:
You have our approval, in accordance with the conditions listed below. for Ihe tbllowing impac[s for the purpose of
rzplacing Bridge No. 6 over F3ie Chinquapin [iranch on SR I+01 (Pine St) in Jones County:
Stream and Buffer Im acts in the Ncuse River 13asin
Site S�ream Buffer Zonc I BuITer Zone 2
(Iq (s fq (s ft)
Jonesb 30 dOdO 33d0
Total 30 7.380
The projec� shall be constructed in accordance with your application dated received April 2d, 3018 and additional
information received Jime 39, 3018. AHer reviewin, your application, we h�jve decided that these impacts are
covered b}� General W'a[er Quality Certitica[ion Number d 13?. This ccrtitication corresponds to [he Nationwide
Pem�it 3 issued by thc Corps of En,inecrs. In addition, you should acyuire an}� other federal. statc or local pennits
before you proceed wi[h }�our project includin, (bul not limited tu) Sediment and Erosion Control, Non-Dischnr�e
and Water Supply Watershed resulations. This approval will e�pire wi[h the accompam�ine dOd perniit.
This approval is valiJ solrl}� for the purpuse and desi,n described in your application (imless modified below).
Should your project chan,e, you must notif� thz NCDWR and submit a new applicatiun. Ifihe property is sold, lhe
ne�v owner must be given a cupy of this Certification and approval letter, and is thereb�� responsible for complying
with all d�e condi[ions. I I total weiland f ills for this project (now or in the future) esceed one acre, or of total
impac�s to streams (now or in the fut�re) ��ceed �00 linear feet. compensatory mitigation may be required as
described in I�A NCAC 2H .0?06 (h) (6) and (7). Additional bufier impacts may require compensatory miti�,a[ion
as described in I SA NCAC �B.0��9. For this approval ro remain valid, you must adhere [o the conditions listed in
the attached czrtificationls) and any additionnl conditions listed below.
;:�� � Q�,�
North Carolina Departmant of Environmentai Quah[� Drvison of Waier Resources
512 Nprth Salisbury SVee[ I 16ll Mail Sernce Cancar Raleigh. Nortn Carolina 276991617
919 707 9000
Condition(s) of Certification:
1. The issuance of this certification does not exempt the Permittee from complyin� witl� any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jucisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
2. 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 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
curin� concrete and stream water. Water that inadvertently contacts uncured concrete shall not be dischar�ed
to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC
02B.0200]
4. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most cuirent 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)]
5. 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 fencin� are prohibited unless otherwise authorized by this certification. [ISA NCAC 02H.0501
and .0502]
6. 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)]
7. 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)]
8. The dimension, pattern and profile of the stream above and below the crossing shafl not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [] SA NCAC
02H.0506(b)(2)]
9. The use of rip-rap above the Normal High Water Mark shaU be minimized. Any rip-rap placed for stream
stabilization shall be placed in sh-eam channels in such a manner that it does not impede aquatic life passage.
[15A NCAC 02H.0�06(b)(2)]
10. When applicable, all construction activities shall be perforined and maintained in full compliance with G.S.
Chapter 1 13A Article 4(Sediment and Pollution Control Act of 1973). Regardless of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for
the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules
occur. [ I SA NCAC 02H .0506{b)(3) and (c)(3) and ] SA NCAC 02B .0200]
a. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina Sedinrent
and EJ-os�on Control �Llanaral, or for linear transportation projects, the NCDOT Sediment and Erosion
Control Mana�al.
b. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
c. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Ma�zzral. Reclamation measures and implementation shall comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
d. If the project occurs in waters or watersheds classified as Pritnary Nursery Areas (PNAs), SA, WS-1,
WS-1 1, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation
and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124,
Design Standards inSensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4li5]
11. Sediment and erosion control measures shall not be placed in wetlands or surface waters or within 5 feet of the
top of bank without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)]
12. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and
placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above
structures. All sediment and erosion control devices shall be removed from wetlands and waters and the
natural grade restored within two (2) months of the date that the Division of Energy, Mining and Land
Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A
NCAC 02H.0506(b)(3) and (c)(3)]
13. 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. [ I SA NCAC 02B.0201 ]
14. 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)]
15. 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. [ I SA NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
16. 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)]
17. 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)
18. All brid�e 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
dra�ged alon� the bottom of the surface water. [15A NCAC 02H .0506(b)(3)]
19. All riparian buffers impacted by the placement of temporary ftll 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.0233)
,20. New roadside ditches that do not control for nitrogen and attenuate flow before discharging through the riparian
buffer are prohibited [ISA NCAC 2B.0233(6)]
21. 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)
22. 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. [I SA NCAC 02B.0506(b)(2)]
23. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
24. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requiretnents resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriare 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 cenification. [i5A NCAC 02B.0200J
25. The Permittee shall report any violations of this certification ro the Division of Water Resources within 24 hours
of discovery. [15A NCAC 026.0506(b)(2)]
26. Upon completion of the project (including any impacts at associated bomow or waste sites), the NCDOT Division
Engineer shall compiete and retum the enclosed "Certification of Completion Form" to notify the NCDWR when
all work included in the 401 Certification has been completed. [ I SA NCAC 02H.0502(�]
27. A copy of this Water Quality Certification shall be maintained on the conshvction 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 managec [ I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (bx2) and (c)(2)]
If you wish ro con[est any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the otlice of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixry (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 official 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:
Oftice of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (9191 43 1-3 100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, 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@ncdencgov.
Sincerely, /� „7�
iti�./'1i /
ti
f,� Linda Culpepper, Interim Direc[or
Division oF Water Resources
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers. Washington Field Oftice
Jay Johnson. NCDOT. Division 2
Garcy Ward, NC Division of Wazer Resources Washington Regional O�ce
File Copy
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RO �COOPER �'�1 �'/ �
�..SA/
MICHAEL S. REGAN '4a;„:�'
sK,K�.
UNDA CULPEPPER NORTH CAROLINA
rnn�rrm Dur�cror EnvlronnaeMal Quo(Ny
VCD\�'R Project No.: County:
.4pplicnnt: _
Prujec[ \ame:
Da�c of Issuance of 101 V1'ater Qunlih� Certificatinn:
CertiPca[e of Cumple[iun
l�pun complciion ol all ��nrk appro�cd ��ithin the 4111 N'�mr Qunlin Ccrti�icmiun or applicablc L1utTcr Rulcs. and en�
subxyucnt muJilieaiiuro_ the upplicant is rcquired iu rotum thi� cenilicalc tu the �UI l7unspurtaiiun Permiuing l��nit_ Nurth
Carolina Dici,iun uf Water Rewuree.. 1617 Mail Scn iec Cemee Raleieh. NC. 27699-Ifi17. �fhis livm ma� be rcturned iu
NCI)�4�R h� �h� ;�pplicant. ihr applicant'� awhuri�oJ agcnt, or the prujaci cngint�r. It is nut ncca,san to sand ccni�icatc, Gom
all ul'Ih�sa.
Applicnnf's C�niftcnlinx
I. . hereM ,tatr ihnL iu lhe hcci ul'm� ahilitic,. dua carc �nd dilieencr ��¢�s u.ed in
the ohsen�atiun ul'the cunstruciion ,uch �hat �he consvuction ��a. ubsened iu he built �ci�hin .ubstami;il compliance and iment u(
the JUI N�atcr Qunlin Certilieatiun �nd l3ull�r Rides. the appro�eJ plun. anJ spaeitications. nnd otlicr �uppunin� muiari:d..
Sign:uurc: Uatc
.-Igr.ir's CenificnNnn
I. , hereb� stutc ihw. to tl�e he,t of mp abiliiios due caro and Jiligcncc ��iu used in
thc uhunntiun ul'the con.tructiun such ihni �he cunsvuctiun ��as oh,ercad �u be built ��ithin ,ubsmntial cumpliance tmJ intent ol
�he all I W'atcr Qualit� Ccrtiticmion and BufTer Rulas. ihc :�ppro� cd pinnz and ,pceilicutions. :�nd u�her wppuning materi�ls.
Sienawre: Uatc
F_ngineer's CrniJicnrinn
Panial Final
I. ..is u Juh rceistertd Prol'a;siunal Gneinocr in ihe titntr ul Nurth Carulina.
hu� ing hccn authorizcJ w ubsen�c �perioJicalh. ��tukh_ full timc) thc con,trunion nl thc prnject �lx thc Permiuec hcrcbp ,tatc
that, to �ha hest ul m� abilities. Juc care:mJ diliernce ��as used in the ohsor� atinn ul ihe run,truction such lhut tht constnietiun
�+ns obser�rd in be huih �cithin suhstami.d roinplianca anJ intenl ol the 3U1 N'attr lZualitc (�crtiticatiun anJ Ilull'cr Rules, the
appru4eJ plun+nnd ,peci�icatiun,. and other.uppunin� m�tcriab-
SignaWre Rcgisvntiun Nu. _
Date
::::.:: � Q�, �
North Carolina DeUartmant ot Envuonm2n�.ai Quahry Diwsmn of Water Resources
�12 North Salisbury Stree[ 1617 Matl Serwce Cznter � Raleigh. North Carolina 27699-1617
919 707 9000