HomeMy WebLinkAbout20160453 Ver 1_Approval Letter_20160519`F
Water Resources
ENVIRONMEN-fAL OUALiTY
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May 19, 2016
Person Counry
NCDWR Project No. 20160453
Bridge 1 1 on US 158
TIP No. B-5102
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. J. 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 1 I in Person County:
Stream Im acts in the Roanoke River Basin
Site Riprap Stabilization to Perennial Temporary Fill in Perennial Total Stream Impact
Stream linear ft Stream (linear ft) (linear ft)_
------- ---- � ---�-------------------- —�--- –
'�otai � 240 � 260 (Concurrent) j i6G
Total Stream Impact for Project: 260 linear feet.
The project shall be constructed in accordance with your application received May 10, 2016. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 3883.
This certification corresponds to the Nationwide Permit 3 by the Corps of Enginee�•s. In addition, you should
acquire any other federal, state or local permits before you proceed with your project ir.cluding (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. [f 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 mitigat�on may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Conditions of Certification:
l. As proposed in the applicatio��, the NCDOT shall design, construct, and operate and maintain hazardous spill
catch basins (HSCBs) on both sides of the Water Supply Critical Area stream crossing.
2. The permittee shall use /Design Standards in Sensitive Watershedc/( I SA NCAC 4B.0124[a]-[e]1 in areas draining
to WS-II HQW (High Quality Watershed) waters. However, due to the size of the project, the NCDOT shall not be
required to meet 1�A N�AC 4B .0124(a) regardir�g the maxirnum 3mount of uncovered ac:es.
State of North Carolina jE�rvi;onme�tal Qua!it}' !�'ater Resources
1617 Mail Service Centec Raleigh, Nortn Carulina 2i699-to1 i
3. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements
of the NCGO1000. Please note the extra protections for the sensitive watersheds.
4. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction
with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the
follaw:r.g exception. Erosion contrel matting is not necessary if the area is contai��ed by perime±er erosion coi:trol
�tevices such as sili fence, temporary sediment ditches, basins, �tc. �lattinb should'ne secured in piace with staples,
stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not
contain a nylon mesh grid, which can impinge and entrap small animals. For the establishment of temporary
groundcover within riparian areas, hydroseeding aiong with wood or cellulose based hydro mulch applied from a
fertilizer- and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control
measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in
prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank.
5. For projects impacting waters classified by the NC Environmental Management Commission as Water Supply II
(WSII) High Quality Waters (HQW), stormwater shall be directed to vegetated buffer areas, grass-lined ditches,
basins, or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging
directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
6. 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)
7. 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)]
8. Bridge cieck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge
and pre-treat�d through site-anprorriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.)
beforP entering thP strea.m. To meet t!:e r��i�irements o£NCD(?T'� NPDES permit N�SOQOQ250, nlease refer to the
most recent version of the North Carolina Department of'Transportation Stormwater Best Management Practices
Toolbox manual for approved measu.�es. [15A NCP.0 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
9. 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 approvai from
the NCDWR first. [15A NCAC 02H.0506(b)(2)]
] 0. No drill sluiry or water that has been in conta�t 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)
11. 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)
12. All bridge constnzction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shal] be floated into position and
then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be
dragged along the bottom of the surface water. [15A NCAC 02H .0506(b)(3)
13. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
c�aring 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]
14. 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)]
l5. The dimensiori, paitern and vrofile of the stream above ar�cl below the crossing shall n�t be modified. Distur�ed
floodplains a��d streams shall be restored to natural geamorphic conditions. � 15A NCAC 02H.0506�b)(2)]
16. 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)]
17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
18. All work in or adjacent to sNeam waters shali be corducted in a dry work area. Approved BR�P measures from
the most current version of N�DOT Construction and I�laintenance Activities manual such as san�bags, rock be:�ms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC
02H.0506(b)(3) and (c)(3)] •
19. 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 pollutar�ts into the stream. [15A NCAC 02H.0506(b)(3)]
2G. All mechanized equipment operaied near surface waters must be regularly inspected and maintained to prevent
cbntamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)]
21. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. f 15A NCAC 02H.0506(bl(311
22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
23. 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.02001
24. A copy of this Water Quality Certification sha11 be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequer.t modifications, if any, shall be maintained Nith ihe Division Engineer and
the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
25. The outside buffer, wetland or water boundary iocated 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.C501 and .0502]
26. The issuance of this certification does not exempt the Pertnittee 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.
27. 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)]
28. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer (or whomever is the authorized agen± if a non-NCDOT project) shall complete and return the enclosed
"Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been
completed. [15A NCAC 02H.0502(fl]
19. N�tive riparian vegetation (i.e., trees a�d shrubs naiive to yoiu• geographic region) mast ne reestabl:shed :'r. 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(b)(2)]
30. 77iere shai] be no excavaiion from, or waste c�isnosal into, jarisdictional wetiands or wTters associate� with this
permit without appropriate modification. Snould waste or borrow siTes, or access roads to waste or borro�v 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(bx3) and (c)(3)
31. 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
standazds [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
mai�►tained in accordance with the most recent version of the North Carolina Sediment and 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 Contro! 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.
32. 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
heazing. 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. T'he original and one (1) copy of the petition must he filed with the Office of
Administr�tiee 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 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 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,
�oJ �
S. Jay Zimmerman, Dir;,ctor
Division of Water Resources
Electranic copy only distribution:
Eric Alsmeyer, US Army Corps of F,ngineers, Raleigh Field Office
Chris Murray, Division S Environmental Officer
File Copy
Water Resources
ENVIRONf�1EN-�AL OU/�.LITY
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
COUIIt�':
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Certificate of Completion
Upon completion of afl 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 be returned tc'v'CDVJR by the a�plicant, the a�plicant's authorized ugent, a: t;�e prcject engin:,er. It is nat
necessary to send certificates from all of these.
Applicant's Certifreat�on
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
specificat�ons, and othPr supporting materials.
Signatu; e: Cate:
.�gerzt's �ert.'f.•ca.ia�.
[, , hereby state that, to th� 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 Cerlifrcation
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 tor 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 Quffer Rules, the approved plans and specifications, and ot��er supporting materials.
Signature Registration No.
Date
Statc of North Carolina jEnviranmental Qnality �, W ater Resources
16i7 i�ail Service Certer, Raleigh, North CaruGna 27699-1617
Phcne:919-907-6300