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HomeMy WebLinkAbout20160439 Ver 1_Approval Letter_20160513'�: Water Resources ENVIRONMEN I AL �U.^.L'7 V N 1 1 \1(�l'I�UKI' I}O\ \�J) I� �':1V' I)f:lZ �";�;�{Z�[� �;�•��,�-r,�,��� S. J�1Y 7,IMM1?IZMAN May 13, 2016 Granville County NCDWR ProjectNo.20160439 Bridge 62 on SR 1004 State Project No. 17BP.S.R.53 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with ADDITIOIYAL 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 62 in Granville County: Stream Im acts in the Neuse River Basin �ite Riprap Stabilization in Perennial i'emporary Fill in Perennial Stream ______________Stream _(linear ftl ______ ____ (linear ft _ Total I 73 I 60 (Concurrent) Total Stream Impact for Project: 7:i linear feet. Neuse Ri arian Buffer Im acts Site Zone 1 Impact Zone 1 Suffer Mitigation - Zone 2 Impact (sq ftl Required (using 3:l ratioy �� (sq ft) Total I 5295 N/A 2507 Total Stream Impact__(linear ft 73 Zone 2 Buffer Mitigation :equired (usinQ 1.5:1 ratio * 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: 7802 square feet. N/A The project shall be constructed in accordance with your application received May 3, 2016. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3883. Th�s certifcation corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (ISA NCAC .02B .0295). ln addition, you should acquire any other 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. This approval will expire with the accompanying 404 permit. This aprrnv�� is ��alid �o1ely for the ��!rpose ar.d d:sign described �n yeur apYlicat;o�� (unl�ss mndified bPlow). Should your project change, you must notify the NCDWR 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 �vith all the conditions. [f total wet!and fills for this proiect (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed ! 50 linear feet, compe�sat��ry mitigation may be required as Sta:e of North Carolina IEnvironmental (�'ualit: 'tl`aier Resources 16i7 �taii Service Center, Raieigh. Ncrth Caro�ina 27099-1617 Phone:919-8C7-6300 described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B.0233. For this approval to remain valid, you must adhere to the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: ?. The post-constructien removal of any temporary bridge siru�hu•es must return the project site to its preconstruction contours and elevations. The impactPd areas shail ne 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 direcily 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. [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 drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(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. [l5A NCAC 02H .0506(b)(3) 7. All stormwater runo:f shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [15A NCAC 2B.G233] 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 maintznance activities including mowing. The area with non-mai�►tained buffers shall be permanently revegetated with native woody species before the next growing season following comp:etion of construction. [15A NCAC 2B.0233] 9. Pursuant to 15A NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse 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 impacis, 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. 10. 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 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] 11. 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. [: SA NCAC 02H.0506(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. [15A NCAC 02H.0506(b)(2)] 13: The nse of ri��-rap above the Normai Higi� �Water Mark shall be mini.nizeci. Any rip-rap piaced for s�ream stabilization shall be placed �n stream channels in such a manner that it does not impede aquatic life passa�e. [! SA �TCAi: Q2H.�506(b)(2)] 14. The Permitiee shall ensure that the final design clrawings adhere to the permit and to the permit drawings submitted for approval. f 15A NCAC 02H .0507 (c) and l SA NCAC 02H .0506 (b)(2) and (c)(2)1 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.Q506(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 intreduction of other pollutants into the stream. [ISA NCAC 02H.0506(1�)(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 NCA� 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)(31] 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 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 certification. [15A NCAC 02B.0200] 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 suhsequent modifications, if any, �hall be maintained with the Division Engineer and the c�r.-site nr�;ect r�aar.a�er. f 15P-_ rICAC Q2T� .0507(c? and 15A NCAC Q2H .OS06 (b)(2; ard (c��2)] 22. The outside buffer, wetland or water boundary located within the constracti�n corridor approved by this authorization, including all non-comm�rcial 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] 23. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances ihat may be imposed by other government agencies (i.e. local, state, and federal) having jurisdictian, including but not limited to applicable huffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 24. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 25. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or whomever is the authorized agent if a non-NCDOT project) shall complete and return the enclosed "Cenification of Completion Form" to notify the NCDVI%R when all work included in the 401 Certiiication has been completed. [15A NCAC 02H.0502(fl] 26. Native riparian vegetation (i.e, tree and shrubs native to your geographic region) must be reestablished in the riparian areas within the cor.struction limits of the proj ect by the end of the growing season following completion of construction. [15A NCAC 02B.0233(10)] 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 lacated in we�lands or strean3s, compensatory mitigation ��i11 b� required since that is a direct in.�act frorr, raad canstructicn activities. [ 15A NCAC 02H.OSQ6(b)(3) and (c)(31] 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 proteci 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 recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The desian, installation, operation, and maintenance ef the sedimert znd �rosion controi n:easures mus± be such that ihey equal, ur exceed, thc requirements specified in tlie most receni version of the Nortn Carolina Sedrment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pi?e (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 Munual. 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. [1 SA NCAC 02H.0506(b)(3) and (c)(3)] [f you wish to contesi 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 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 ofthe 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 tive (51 business davs following the faxed transmission. The ma�ling. a�dress for the Office of Adm�n�strative Hearir.��. is: Office of Administrztive Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (9l9) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M. :-Iayes, 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 questior.s, please contact Rob Ridings at 919-707-R786. Sir�erely, r �� ^� �� � � ����,� �_ <,, S. Jay Zimmerman, Director Division of Water Resources E!ectronic copy only distribu�ion: Cric .�lsmeyer, US A:my Corps of Er.gir.eers, Raleigh Field Offce Chris Murray, Division 5 Environmental Officer File Capy Water Resources ENVIRONMENIAL OUl�UiY NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: I'�1�1 '��1('(�I�(�IZti' I)U\ 11 1) l:. ��:1V� I)I�:IZ V':� \I:"I' ti. J,�Y %IM�1I:RMAN 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 may� bc returred to'�.'CC`,�✓P.'�y th� applicant, the applicant's autharized agent, cr the prcject cngineer. It is not necessary to send certificates from all of these. Applicant's Certification l, , 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. Signatare: Date: �g�r.t's C�rti`i: at:a,. [, , her�by 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 I, , as a duly registered Professior.al �ngineer 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 Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date State of North Carolina !F.nv;ron:nental (hia!i;y ���'ater Resourczs 1617 Mail Service Center, Raleigh, North Ca�clina 27699-16 i; Phone:9i9-807-630f