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Home My WebLink About20151332 Ver 1_Approval Letter_20160428Water Resources ENVIRONMENiAL OUALII V f';A I ti�iC'C'ROIZl' !)(��;�I U 1Z V:AN I)I,R �':1AR'1� ti. JnY 'I,IMMF,RMAN April 28, 2016 Wilson County NCDWR ProjectNo.2G151332 Bridge ] 09 on SR 1002 TIP No. B-5313 CORRECT[ON TO APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr. Philip S. Harris, III, P.E., CPM Natural Environment Section Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Dear Mr. Harris: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 109 in Wilson County: Site Total Stream Impacts in the Tar-Pamlico Rivcr Basin __ __ Temporary Fill in Perennial Stream ac 0.04 Total Stream Impact for Project: 0.04 ac. Wetland Impacts in the Tar-Pamlico River Basin --- - - -- - - -- I --�- - _ —( -) _. _ _- P Y_ _( _) - - Excavation (ac) _ Site Permanent Fill ac Tem orar Fill ac I II - — - - -- - 1 � <0.01 � <O.OI � <0.01 �� '� Total ' � I � Site Total Wetland Impact for Project: O.OI acres. Tar-Pamlico Ri arian Buffer lm acts Zone 1 Impact Zone 1 Buffer Mitigation Zone 2 Impact Zone 2 Buffer Mitigation (sa ftl Repuired (using 3:1 ratio) (sq ft) Required (using 1.5:1 ratio 2772 1360 Totals I I I I * n/a - Total for Site is less than 1/3 acre and 1 SO linear feet of impact, no mitigation required Total Buffer Impact for Project: 4132 syuare feet. N/A The project sliall be constructed in accordance with your application received DecPmber 18, 2015. Arter reviewing your application, �ve have decided that these impacts are covered by General Water Quality Certification Number 3gg;. This certificarion corresponds to the Na!ionwide Per�rit 3 issued by the C��s of En�ineers. This apnroval. is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC .02B .0295). [n addition, you should acquire any other federal, state or local permits before you proceed wiih your projeci including (but not limited to) Sediment and Eros:on Cortral, Non-Discharge and Water Supply Watershed reeulations. This approval ��ill expi:e with the accompanying 4Q4 permit. This certification replaces the ane issued on f ebruary 2, 2016. Statz uf Nortt; Carolina IEnvironmental Quality I lA';�rer Resourccs 1617 Maii Service Center. Raleigh. North Carolina 27699-16 i 7 Phone 9i9-tl07-630G 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 NCDWR and submit a new apnlication. 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 conditions. If 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 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described i.: 15A NCAC 2B.0259. For this appr�val to remain vali�, you :r.usi acitiere to the conditions listed in the attached ceitiification aud any additional conditions listed below. Conditions of Certification: 1. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2) 2. 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)] 3. 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 streamPlease 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)] 4. 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)] , 5, No �ir?11 sl��*r;� or ��a±Qr that has been i� �ontact ��ith ��n�ured concrete sha11 be a?lowPd ±o en±er surface waters. I`his water shall be captured, treated, and disposed of properly. [15A NCAC 02H .OSU6(b)(3) 6. 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) 7. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [15A NCAC 2B..0259] 8. 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. 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 28..0259] 9. Pursuant to I SA NCfiC 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 ofthe approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shal l be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. lU. Ii cancrete is used dwing constraction, a�� work area shall be rnain,a:ne� to �revent dLrect contact betw�en 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] l 1. During ihe constructioil of the projer.t, no staging of equipment of auy icind is nennitted i:l waters of the U.S., or protected rip�riar. buffers. [15A NCAC 02H.0505(b)(2)] 12. 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. [ISA NCAC 02H.6506(b)(2)] 13. 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)] 14. The Pennittee sha11 ensure that the fLnal design drawings adhere to the peimit and to the percnit drawings submitted for approval. [15fi NCAC 02H .0507 (cj and 15A NCAC 02H .05�6 (bj(2) and (cj(2)] 15. All work in or adjacent to stream waters 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)] 16. 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)] 17. 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)] 18. 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)] 19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 20. 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 Stat� and Federal law. If the NCDWR cletermines that such standards ar laws are not being met ;ir.cl�idino the failure to susta� a c�esi�na±ecl �r achievPd �ase) nr that State or fPderal law i� being violated, or tha± further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 21. 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)] 22. 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 maii�tained �vith the Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 23. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and waste sites associated with the project, 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] 24. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances tnat may be imposed by other government agencies (i.e. local, state, and federai) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 25. T'he Permittee chall report any violations of this certificatien to the Division of VVater Resources within 24 hours of discovery. [15A N�AC 02B.0506(b)(2)] 26. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all yvork included in the 401 �eiiift:,ation has been completed. [15.5 NCAC 02H.OSQ2(�] 27. Native riparian vegetation (i.e, 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.0506(bl(2)] 28. 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 N�AC 02H.OSQS�b;(3) and {c)(3)j 29. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of �uch Best Management Practices in order to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3)j: 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 und 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. � 30.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 administrative hearing. You may obtain the petition fcrm from the office of Administrative hea: ings. You must f le 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 O�ce 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 perition 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 I-Iearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 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 1601 Maif Service Center T'his 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, �i�' , S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: Tom Steffens, US Army Corps of Engineers, Washington Field Office Chad Coggins, Division 4 Environmental Officer Chris Rivenbark, NC Department of Transportation John Merritt, NCDOT PDEA File Copy Water Resources ENVIRONMENIl�L OU/�L'iY NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: COUIIt�': i�� i �i< <�i:��iz�� i�� > i. �� ti� �>i�ii �� ,�[z7' ti J:Al� /1�1�11 K1��1AN 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 rr�ay �e returned ta NCDVI�'R by th� ap�licant, the upp.icant's autharizzd agent, ar the praject ergi�eer. [t is rat necessary to send certificates from all of these. ApplicanYs 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 suppor�ing matPrials. Signature: Date: Agent's Cert�cataen 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. Signature: Date: Engineer',s Certification Partial Final f, , 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 construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Bufier Rules, the approved plans and specifications, and other support�ng materials. Signature Registration No. Date State of Nortli Carolina �Enviromnental Quality I b1'ate: Rescurces to17 Mail Service Cent2r: Raleiyh, North Carolina 27695-1617 °har.e:919-807-63GG