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Home My WebLink About20160316 Ver 1_Approval Letter_20160425; ;. Water Resources ENVIRONMENTAL OUALITY Site f'i��l' MC;CKUKY f)(>NnLll R. VAN [)F;R VAAR"I' �, �-,,; ti. JAY ZIMMERMAN April 25, 2016 Vance County NCDWR Project No. 20160316 Bridge 52 on SR 1518 State Project No. 17BP.S.R.63 APPROVAL of 401 WATER QL'ALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. J. R. 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 52 with a culvert in Vance County: Stream Im acts in the Tar-Pamlico River Basin Permanent N ill to Perennial Bank Stabilization to Temporary Dewatering to Total Stream ___ StrParr�_�near ft1 _ � Peren�ial S±rearr� (linear ftl_Y_ PPrennial StrQam (!inear ftl _,_1 �a_ct _(linear ft1 Total � 54 64 Total Stream Impact for Project: 118 linear feet. Site I Temaorarv Fill Total I 0.01 Site Totals 71 (Concurrent) Wetland Im acts in the Tar-Pamlico River Basin , Excavation (ac) Mechanized Clearin� (ac) , Total Wetland I 0.02 Total Wetland Impact for Project: 0.10 acres. 0.07 0.10 118 Tar-Pamlico Riparian Buffer Impacts_ Zone 1 Impact Zone 1 Buffer Mitigation Required Zone 2 Impact Zone 2 Buffer Mitigation s ft usin 3:1 ratio s ft Re uired usin 1.5:1 ratio 4383 N/A 2818 N/A * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project: 7201 square feet. The proiect shall be constructed in accordance with your application received March 30, 2016. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid ior the Tar-Pamlico Riparian Buffer Rules (l�fi NCAC .02B .0295). In addition, you should acquire any otner federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Th�s approval will expire with the accampanying 404 permit. State o: NortL- Carolina IEr,vironmentai i?aality � �Va!er Resoures 1617 ivlail Service Cznter; Raleigh, Nurin Carolina 2i699-1517 ?hore:9?9-807-�3QG T'his approval is valid solely for the purpose and design described in your application (unless modified below). Should your nroject change, you must notify the NCDWR and submit a new application. If the pronerty is sold, the new owner must be given a copy of this Certiiication and approval letter, and is thereby responsible for complying with all the conditions. If total wetland flls for this project (now or in the fizture) exceed one acre, or of total• impacts to streams (now or in the future) exceed 1501inear feet, compensatory mitigation may be required as described 'm 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 atiached ce�iification and any additional conditians lisied below. Conditions of Certification: . 1. As a condition of this 401 Water Quality Certification, the bridge demolition 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)] 2. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams, shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow _ passage of water and aquatic life. Design and placement of culverts and other structures including temnorary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 3. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water vel�city causing sediment deposition that reauires increased maint�na�nce and disrupts aquatic life passage. f 15A TI(�A� �J2H.�505(b;(21� - - -- - - - 4. Riprap shall not be p:aced in the active thalweg channel or placed in the streambed in a ma.�ner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. [15A NCAC 02H.0506(b)(2)] 5. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)] 6. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, un?ess otherwise approved by this certification. [15A NCAC 2B.0259] 7. 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 conditior., maintained buffer areas are defined as areas within the transportation corridar 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 gowing season following completion of construction. [15A NCAC 2B.0259 j 8. 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 priar 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 c�mpromised and that discharge is released as difi�.�se flow. 9. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between �uring cancretz and str�ain ;�at�r. Wate� that inadvertently cont�cts uncured concrete shall not be dischargzd to surface waters due to trie potential for eleyated pH and possihle aquatic life and fsh kiils. [15A NCAC 02BA200] 10. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., ar protected riparian buffers. [15A NCAC 02H.0506(b)(2)] � 11. 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)] 12. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be p?aced in stream cnannels in such a manne: that it does not impede aquatia ?ife passage. [15A NCAC 02H.0506(b}(2)] 13. The Permittee shall ensure that the fmal design drawings adhere to the permit and to the permit drawinas submitted for approval. [15A NCAC 02H .0�07 (c) and 15.4 NCAC 02H .0506 (b)(2) and (cj(2)] 14. All work in or adjacent to stream wate:s 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)] 15. 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)] 16. All mechanized eauipment 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)] ' , 17. 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)] 18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 19, 'I'hP p�rmit±PP an� its at�thorize:i agents shal_l c�ndur,t its activ�ties in a manner censistent with St�te �*.�atPr q�ality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State ar.d Federal law. If the NCD WR 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.U200] 20. All fill slopes located in iurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)] 21. 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)] 22. T'he outside b�.�ffer, wetland or water boundary located within the construction corridor approved by this autharization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts te areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502] 23. 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. 24. The Permittee sha11 report any viaiations of this certification to the i7ivision of Water I��sources within 24 haurs of discovery. [15ANCAC 02B.0506(b)(2)] . 25. Upon cam�letion af the project (including any impacts at associated b�rrow� of waste sites), tr�e NCDOT Bivisian Engineer snall corriplete and return the enclosed "Certificatian of Completion Form" to notify t.he NCDWI� wnen alt work included in the 401 Certification has been completed. [i5A NCAC 02H.0502(fl] 26. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic 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)] and'[15A NCAC 02B.0506(b)(2)] 27. 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)] 28. 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.0�06(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. T'he 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 accardance 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. 29. 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 administrativz 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 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 B:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the perition must be filed with the Office of Administrative Eearings. 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) 431-30U0, Facsimile: (919j 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 160 i 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, Director Division of Water Resources Electronic copy only distribution: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Chris Murray, Division 5 Environmental Officer File Copy Water Resources ENVIRONMENTAI OUALII Y NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: F',��I� :��1CCROkY I)ON�1L[) R. VAN DER VAART ;��,�, , S. JAY 'Z,IMMERMAN Il:�.,.i.. 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 m«y �e rcturned tc NCDWR b-y thz applicart, the apNlica7t's authar�zed agc�t, ar thc prcject 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 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. Si��ature: Date: ��era�'� C�;tifcut:osz [, , 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 Certifccation Partial 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 tne 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 40l Water Quality Certification and Buffer Rules, the approved plans aiid specifications, and other supporting materials. Signature Registration No. I�ate State of North Ca:clina !Em•i;onmzntal Quality I �Vatcr Resou:ces 161 i Mail Service Cer�ter, Raleigh, Norti'� Carolina 2i o99-16 i7 ?none: 9i9 8u7-6300