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Home My WebLink About20160436 Ver 1_Approval Letter_20160517Water Resources ENVIRONMENTAL OUnLIi Y Site Totals I':��I �ll�(�KOIZl' U(��,A1 1) 1Z. ��,�N l>I�;IZ �'�1AR'1' ti. JAY %Ih1h11;R[�1nN May 17, 2016 Nash County NCDVI�'R Project No. 2�160436 Bridge 37 on SR 1501 State Project No. 17BP.4.R.68 APPROVAL of 401 WATER QUALITY CERT[FICATION and TAR-PAMLICO BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Tim Little, P.E., Division Engineer NCDOT, Division 4 PO Box 3165 Wilson, NC 27895-3165 Dear Mr. Little: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 37 in Nash County: Tar-Pamlico Buffer Im acts —,�--- Zone i impact Zone i Buffer �vlitigation �' Zone 2 Impact � �one � Bufler Mitigation s ft Re uired usin 3:1 ratio I (s ft Re uired ucin 1.5:1 ratio 2403 I�I/A 685 l�1/A * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer [ropact for Project: 308$ square feet. The project shall be constructed in accordance with your application received May 3, 2016. After reviewing your application, we have decided that ihese impacts aj�e covered by General Water Quality Certification Nurnber 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 (15A NCAC .02B .0295). In 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 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 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 conditions. If total wetland fills for this project (now or in ihe future) exceed one acre, o� of total impacts to streams (no�v or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (1�) (6) and (7). Additional buffer impacts may require compensatory �nitigation as described in 15A NCAC 2B.0259. For this approval to remain valid, you must adhere to the conditions listed in the attached ce�titication and any addiiiunal conditions listed beiow. State of Ncrth Caro!ina �,bnvironmcn,al Qualir� i W ater Resources 1617 N�ail Service Cenier, Raleiyh. �orth Caroiind 27699-1617 Fhone'919-807 63U0 Conditions of Certification: l. As a condition of this 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)] 2. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-�-eated through site�apprepriate means (grassed swales, pre-fa:med scour hales, vegetated b�affers, etc.) before entering tne strzam. To meet the requirements of NCDOT's NPDES permit NCSOOG��50, please reier to the mosi recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox ma.nual for approved measures. [15A NCAC 02H .0507(d)(2) �nd 15A NCAC Q2H .0506(b)(5)] 3. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction �� methods. More speaifically, jetting or other methods of pile driving are prohibited without prior written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)] 4. 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) 5. 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) 6. 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] 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 condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT maintenance a�tivities including mowing. Tbe area with non-maintained buffers sb�ll be permanentiv reveg�tated with native �Noc�d; spec?ec i�Pfore the next ��in, seasor_ follo��ring c�mple±ion cf constru�ti�n, �] SA NCA� 2R_.0259] . __ 8. Purs:aant to 15A NCAC 2B.0259(6), sediment and erosion control devices shall not be r�laced 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 of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the bufrers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 9. If concrete is used during constructioii, a dry work area shall be maintained to preven� direct contact between curing concrete and stream water. Water that inadvertently contacts uncured conc:ete 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] 10. 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. [15A NCAC 02H.0506(b)(2)] 11. The dimension, pattern and profil� 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 placed in stream channels'in such a manner that it does not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)] 13. The Permitt�e shall �nsure that t:�e fmal design drawings adhere to the permit and to the permit drawings skbmitted for approva;. [15� N�;AC 02H .0507 �cj and 15R N`?�C 0'H .G�US (b;(2) and �c j(2 j] 14. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measares from the mast ;;urre.r.t version of NCDOT Constru�tiori and Mainteil�ri�e Activities n:am.�a] such �.s sandl�ags, rock berms, cofferdarns and other diversion strucnLres shall be used to prevet�t exczvation in flowiug water. [15A NCAC 02H.OSO�i(b)(3; and (cl(3)] 15. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduciion of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)] 16. 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)] 17. No rock, sand or other materials shall be dredged frcm the st!-eatn channel except where authorized by th:s certificatiori. [15�i NCAC G2H.OS�o(b)(3)] 18. Discharging hydroseed mixtures and washing out hy�roseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAi, 02H.0506(b)(3)] 19. 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 NCDW� 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] 20. A copy of this Water Ouality 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)] 21. 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] 22. 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 gnvernment agencies (i.e. ]ocal; state; and federall having iurisdiction, inci.udin� bi�t r,et limi±ed ±o app]_i�able buffer rules, storr:wa±er manaQement r,les, s�iJ er�sior and sedimentation control requirements, etc. 23. 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)] 24. 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 proiect) shall complete and return the enclosed "Certificaiion of Completion Form" to notify the NCDWR when all work inciuded in the 40 i Certification has been completed. [? �A NCAC 02H.0502( fl] 25. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) must be reestablished in the rinarian areas within the construction limits of the project by the end of the growing season following completion of construction. [15A NCAC 2B.0259(10)] � 26. T'here shall be no ex�avation from, or waste disposal into, ju.risdictional wetlands or waters associated with this perinit withoat 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 reGuired since that is a direct impact from road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)] � 27. 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 �vaters 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 Cantro? PlUr.t;ing a��Design Mant�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 Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoilj 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. T'he reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 28. 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 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 of the petition must be filed with the O�ce 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) 431-3000, Facsimile: (919) 431-3100 A copy of th� petit�on must also be servPd on �DEQ as follows: Mr. Sam M. Hayes, 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 questions, please contact Rob Ridings at 919-707-8786. Sincerely, � � ; �_, 7'..� �� 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 File Copy ; Water Resources ENVIF20NMENTAL OUl�L11 Y NCDWR Project No.: Applicant: Project lVame: Date of Issuance of 401 Water Quality Certification: County: I'�1'I '�1��'IZUKY I)Oti:AI.0 I�. ��1�' OI;IZ ��:�:11t"[' �. JnY /IMMI?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 reyuired to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-? 617. This form rnay be returned to NCD�VP� �y the applicant, the applicant's authcrized agent, cr tye pro�ect engineer. It is ��ot 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 s�apporting materials. Signature: Bate: ,4g2nt's Cer.ificaf:o:� 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 buili 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 Certifieation 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 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 materiais. Signature Date Registration No. State of �ort!i Carolir:a IEovironmental Qualitq' Wzter Resoiirces 101; ivtail Service Center. Raleign. No�ih Carolina 27699-1617 uhune.919-A.0?-63G0