HomeMy WebLinkAbout20131314 Ver 1_Approval Letter_20140213��r.��
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governar Director
John E. Skvarla, III
Secretary
February 13, 2014
Beaufort County
DWR Project No. 201313/4
TIP B-4708
Bridge No. 5
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Mr. Jay Johnson
North Carolina Department of Transportation
P.O. Box 1587
Greenville, NC 27835
Dear Mr. Johnso�:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge
Number 5 over Aggie Run on SR ] 001 (Cherry Run Rd) in Beaufort County:
Buffer and Wetland Impacts in the Tar-Pamlico Basin
Buffer Zone 1 Buffer Zone 2 Wetlands Fill �'etlands Wetlauds
Site Number �sq ft) (sq ft) (ac) Excavation Hand
ac Clearin (ac)
Bridge 5 1739 1575 0.05 0.01 0.08
Net Total 3,314 0.14
Impacts
The project shall be constructed in accordance with your application dated received December 27, 2013. After reviewing your
application, we have decided that these impacts are covered by General Water Qualiry 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 Q SA NCAC 2B .0259). In addition, you should acquire any other federal, state or ]ocal permits before you proceed
with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regula[ions. This approval will expire with the accompanying 404 permit.
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 DWR and submit a new application. If the property 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 conditiona [f 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). Far this approval to remain valid, you must adhere to
the condiCions listed in the attached certification.
TranspoAation antl Permitling Unit
1650 Mail Service Center, Ralegh, NC 27699-1650
location: 512 N. Salisbury St. Raleigh, NC 27604
An Equal Oppodunity 1 Affirmative Aclion Employer
Phone:919-707$7851 FAX:919�733-1290
Internet: www.ncwater.om
Page 2 of 4
1. The issuance of this certification 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.
2. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval.
3. If concrete is used during construction, a dry work area shall be maintained to prevent d'vect contact between curing concrete and
sheam water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potentia] for
elevated pH and possible aquatic life and fish kills.
4. 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.
5. All fill slopes located injurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this
certification.
6. The outside buffer, wetland or water boundary located within the construction corridor approved by this certification 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.
7. Dwing the construction of the project, no staging of equipment of any kind is permitted in waters oFthe U.S, or protected
riparian buffers.
S. 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.
9. Heary 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.
l0. 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.
1 I. Erosion and sediment control practices must be in full compliance with all specifications governing the proper desig�, installation
and operation and maintenance of such Best Management Practices in order to protect surface waters standards:
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 Carolrna Sediment and Erosron Control Planning and Design
Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion contro] 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 Carolrna Surface Mrning Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of
the Sedimentation Pollution Control Act.
12. Sediment and erosion conhol measures shal] not be placed in wetlands or waters unless otherwise approved by this Certification.
13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
15. Native riparian vegetation (ex, list trees and shrubs native to your geographic region) must be reestablished within the
conshvction limits of the project by the end of the growing season following completion of conshuction.
16. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this certification
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 conshuction activities.
Page 3 of 4
17. Stric[ adherence to the most recent version of NCDOT's Best Management Prac[ices For Bridge Demolition and Removal
approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
18. Bridge piles and ben[s shall be constructed using driven piles (hammer or vibratory) or drilled shaft cons[ruction methods. More
specifically, jetting or o[her methods of pile driving are prohibited without prior written approval from NCDWR first.
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 NCDW R.
20. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be direc[ed across the bridge and pre-treated
through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before en[ering the stream.
Please refer to the most current version of Stonnwater Best Management Practices.
21. All stormwater runoff shall be directed as sheetFlow through stream buffers at nonerosive velocities, unless otherwise approved
by this certification.
22. 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 NCDWR. At this time, 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.
23. New roadside ditches must be in compliance with the nitrogen control and diffuse flow requirements outlined in 15A NCAC 2B
0259.
24. All riparian baffers 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.
25. The permittee and its authorized age�ts 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 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 tha[ further conditions are necessary to
assure compliance, NCDWR may reevaluate and modify this certification.
26. The Permittee shall report any violatio�s of this certification to the Division of Water Resources within 24 hours of discovery.
27. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT Division Engineer shall
complete and return the enclosed "Certification of Completion Form" to notify NCDWR when all work incladed in the 401
Certification has been completed.
28. A copy of [his Wa[er Quality Certification shall be maintained on site a[ the construction site at all times. In addi[ion, the Water
Quality Certification and alI subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site
project manager.
If you do not accept any of Ihe conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter I506 of the North
Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. This certification
and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water
Resources under Section 401 of the Clean Water Act If you have any qaestions, please contact Garcy Ward at (252) 948-3922.
cerely, �
V'l/` �� '�N
for Tho��s A. Reeder
Attachments (General Certification and Certificate of Completion form)
cc: Tom Steffens, US Army Corps of 8ngineers, Washington Field Office
Garcy Ward, NC DWR, Washington Regional Office
File Copy
Page 4 of 4
DWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality CertiScation:
Certifcate 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 retum this certificate to the 401 Transportation Permitting Unit, North Carolina Division of
Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be retumed to DWR by the applicant, the
applicanYs 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 construction such that the consffuctio� 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:
AgenPs 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 consffuction was observed to be built within substantial compliance and intent of the 401
Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
PaRial Final
I, , as a duly registered Professional Engineer in the State of North Carolina, having
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 wnstruction 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 Registration No.
Date