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Home My WebLink About20151158 Ver 1_Approval Letter_20160111Water Resources ENVIRONMENTAL OUALITY PA"I' MCCROKY I)ONALD R. VAN 1)I?R VAAR'I' x,-: � „-„� , S. JAY ZIMM}iItMAN January 11,2015 Beaofort County NCD W R Project No. 2015 I 158 Bridge No. 55 TIP B-5300 APPROVAL of 401 WATER QUALITY CERTIF►CAT[ON and TAR-PAMLICO BUFFER AUTHORIZATION with ADDITIONAL CONDITIOIVS Mc Colin Mellor, Group Leader Project Developmen[ and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Dear Mr. Mellor: You have our approval, in accordance with the conditions listed below, for the following impacts for the porpose of replacine Bridge No. 55 over Pantego Creek on US 264 in Beaufor[ County: Wetland and Buffer Site Total Wetland Fill (ac) ss o.oz 1 1. Wetland Mechanized 0.04 Boffer Zone 1 (sq ft) 3321 BufTer Zone 2 (sq ft) � 2047 5,368 The project shall be constructed in accordance wi[h your application dated received November 3, 2015 and additional information dated received December I I, 2015. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Numbers 3891 and 3884. These certifications correspond to the Na[ionwide Permits 23 and 12 respectively issued by the Corps of Engineers. In addi[ion, you should acquire any o[her federal, state or local perini[s before you proceed with your projec[ including (bu[ not limited [o) Sedimen[ 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 applica[ion (wiless modified below). Should your projec[ change, you must notify the NCDW R and subinit a new applica[ion. If the property is sold, [he 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 rotal impacts to streams (now or in the future) exceed I50 linear feet, compensatory mitigation may be required as described in I SA NCAC 2H .GSOo (hj (6) and (7}. Additional buffer impacts may require c�ompensatory mitigatior as described in I SA NCAC 2B.0259. For this approval to remain valid, you must adhere to the conditions listed in the attached certification and any additional conditions listed below. Stale o( Nonh Carolina �Fnvl�onmenial Qualfl} I Water Resonrces I6A Mail Service Cenlec Raleioh. Notlh Carolina 27599-1617 Condition(s) of Cer[ification: 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) havingjurisdiction, including but not limited to applicable buffer rules, srormwater 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 submiried 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 unwred 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 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)] 5. All fill slopes located injurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [ 15A NCAC 02H.0506(b)(2)] 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. [15A NCAC 02H.0501 and .0502] 7. During the construction of the project, no staging of equipment of any kind is permitted in waters of the US., or protected riparian buffers. [ I SA NCAC 02H.0506(b)(2)] 8. The dimension; pattem and profile of the stream above and below the crnssing shall not be modified. Disturbed floodplains and streams shall be restored to eaturTl geomomhic conditions. [15A NCAC 02H.0506(b)(2)J 9. Heavy equipment shall be operated from the banks rather than in the sheam channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [ 15A NCAC 02H.0506(b)(3)] 10. 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. [ I SA NCAC 02H.0506(b)(3)] I l. 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 recen[ version of the North Carolrna Sediment and Erosion Contral Planning and Desrgn Mam�al. 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 Manua(. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractorvowned or leased borrow pits associated with the project. a 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 Nor•th Cnrolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements af the Sedimentation Pollution Control Act. 12. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certificatioa [1�A 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 na[ive trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [ 15A NCAC 02B.0224, .0225] 14. 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)] I5. All stormwater runoff snall be directed as sheetflow through stream buffers ai non-erosive velocities, unless otherwise approved by this certification. [15A NCAC 2B .0259(5)] 16. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the precons[ruction 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 transpoRation corridor that will be subjec[ 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] U. 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 I, 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 I is not compromised and that discharge is released as diffuse flow. 18. Discharging hydroseed mixwres and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 19. Native riparian vegetation (ex. list trees and shrubs native to your geographic region) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 20. There shall be no excavation from, or was[e 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 construction ac[ivities. [15A NCAC 02H.0506(b)(3) and (c)(3)] 21. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition is a condition of the 401 Water Quality Certificatioa [ 15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 22. 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 NCDWR. [I SA NCAC 02H.0506(b)(2)] 23. A turbidity curtain will be installed in the stream if driving or drilling activities occur wi[hin 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 NCDWR. �ISA NCAC 02H .0506(b)(3) 24. Bridge deck drains shall not discharge direcNy into the stream. Stormwater shall be direc[ed across the bridge and pre-[reated 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 A506(b)(S)] 25. 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 witli §303(d) of the Clean Water Act) and any other appropriate requirements of State 1nd Federal law. If NCDWR determines that such standards or laws are no[ 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, NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 26. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 026.0506(b)(2)] 27. Upon comple[ion of [he project (including any impacts at associated borrow or waste site), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" tc notify NCDWR when all work included in t'ne d01 Certification has been compl�ted. [ISA NCAC 02H.0502(�] 28. A copy of this Water Quality Certification shall be maintained on site at 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 managec [15A NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)] If you wish to wntest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of [his 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3900, Facsimile< (919; 431-i1Q0 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 letler comple[es [he review of the Division of Water Resoumes under Section 401 of the Clean Water Act. If you have any questions, please con[act Garcy Ward at (252)946-6481 or garcy.ward@ncdenr.gov. Sincerely, � �"�rf�r`'�'�� S. Jay Zimmerma�� n, Dlrector Division of Water Resources Attachments (Ceneral Ceni�iea�ions and Certificate of Completion Corm) Electronic copy only distribution: Tom Steffens, US Army Corps of Engineers, Washington Field Office Jay Johnson, NC DOT Division 2 Stephen Lane, DCM, Morehead City Cathy Brittingham, DCM, Raleigh Garcy Ward, NC DWR, R�ashington Regional Oftice File Copy �-,.: ,', �� . Water R esvurces ENVIRONMENTAL OUALIIY NCDWR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Qualify Certification: Nn�r n�ccitc�izv r�oNni.0 ii. vnN i�isii ��nniz�r s. �nv iiNrnai:itninN Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable E3uffer Rules, and any subsequent modifications, the applicant is required to return this cettificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 16U Mail Service Center, Raleigh, NC, 27699-1617. This form may ba returned to NCDWR Sy the applicant, the applicanYs authorized agent, or ths project enginear. It is no[ necessary to send certificates from all of these. ApplicnnPs Certijicntion 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. S ignatw e: Date: Ageri!'s Cer7ific[:fion I, , hereby state that, to the best of my abilities, due care and diligence was i�sed in the observation of the construction such that the construction was observed to be boilt within substantial compliance and inten[ of the 401 Water Quality Certification and Buffer Rules, [he approved plans and specifications, and other supporting materials. Signature: Ei�gineer's Certifirntion Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, Pull 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 constivc[ion sueh that Ihe construction was observed [o be built within subs[anCial compliance and in[ent of the 401 Wa[er Quality Certificztion and E3uffer Rules, [he approved plans and specificalions, and other supporting materials. Signature Regis[ration No. Date Statc o`Notlh Carclina .Endmninen�al Qnalily ? Waler Resaimes 161 i Mail Service Center. Raleigh, Nonn Carolina 776994617 I Phone'. 9i9 807-6300 k .,: rqdt��"�1'0` ' e �" ��`