The URL can be used to link to this page

Home My WebLink About20160541 Ver 1_Approval Letter_20160603, � -;,. .,.:ul — 'r Water Resources ENVII'tONMENTAL OUALITV i�;��r �wccit�>itv DONALD R. VAN DI?R VAAR"I' S. JAti' 7INIMIiILMAN June 3, 2016 Guilford County NCDWR Projeci No. 20160541 Bridge No. 247 or, SR 3088 (Thacker Dairy Road) over Big Alamance Creek State Project No. 17BP.7.R.88 APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN LAKE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mc Mike Mills, P.E., Division Engineer NCDOT, Division 7 PO Box 14996 Greensboro, NC 27415-4996 Dear Mc Mills: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing with a culvert Bridge No. 247 on SR 3088 (Thacker Dairy Road) over Big Alamance Creek in Guilford County: Jtream Impacts in the Ca�e_Fear River Basin Site Permanen! Fi!I Ternporary Fill Permanent Fill Temporary Fill Total Stream Stream Impacts in [ntermittent in Intermittent in Perennial in Perennial Impact Requiring Stream Stream Stream Stream � (linear ft) Mitigation Total I -- -- I 28 Total �tream Impact for Project: 58 linear feet. Site Zone 1 minus = Zone 1 Impact Wetlands Buffers (not (sq R) in Zone I wetlands) (sq f t) (sq f t) _ ni ann am3 Totals � 4,073 � -- n Lake Ri arian Buffcr Im ac Zone 1 Buffer Zone 2 Mitigation Impac[ Required (sq ft) (using 3:1 ratio) .'r 30 58 _ 30 I 58 ts nrrnus = Zone 2 WeUands Bnffers in Zone 2 (not (sq ft) wetlands) (sq ft) -- 1309 4,073 � -- �"; 1,309 � -- � 1,309 Total Buffer Impact for Project: 5,382 square feet. Zone 2 Buffer Mitigation Required (using L5:1 ratio) The project shall be consttucted in accordance witn your application dated received May 25, 2016. After reviewing your application, we have decided Ihat these impacts are covered by General Water Quality Certification Number 3883. 'rhis certitication corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. "t'his approval is also valid for the Jordan Water Supply Nutrien[ Strategy: Protection of Existing Riparian Buffe�s (15A NCAC .02B 0267). In addition, you shoold acquire any other federal, state or local pennits before you proceed with your project incLiding (but not limited to) Sedintent and Erosion Control, Nou-Discharge and Water Supply Watershed regulaiions. SlateoCNorU� CEvolina jEmironnienlal QuaSiy I Wa1er Resonrces i617 f�1a'w' SG'vwt Gewie�, R�.Cigl'�, Nw}h-(�.rol��.ne�2769A-161� p�..r.,,e.: 919 - 807-6300 _ ,�� @!W , 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 tUe 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 l5A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 26 .0267. For tl�i, approval to remain valid, you must adhere to the wnditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: Project Specific Conditions 1. As a condition of this 40l Water Quality Certification, the bridge demolition and coustruction must be accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for Cons[ruction and Maintenance Activities. [ I SA NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 2. The sheam channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the sheam bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)] 3. Rridee 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 stream. To meet the requirements of NCDOT's NPDES permit NCS0000250, please refer to the most recent version af the North Carolina Department of Transportation Stormwater Best Management Practrces Toolbox manual for approved measures. [ISA NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 4. Bridge piles a�id bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft conshuction methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval from the NCDWR firsk [15A NCAC 02H.0506(b)(2)] 5- All bridge ronstruction xhal! be performed from the existing bridge; temporary work bridgec, remporary causeways, or floating or sunken barges. If wurk conditions require barges, they shall be floated into position and then sunk. "Phe 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)] General Conditions I. 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 temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of weflands or streambeds or banks, adjacent to or upstream and downstream of the above structures.'The applicant is required to provide evidence that the equilibrium is being maintained if requested in wri[ing by NCDWR. If [his wndition is unable to be me[ due tu bedrock or other limiting features encountzred during construction, please contact 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)] 2. 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] 3. 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. [l5A NCAC U2H.0506(b)(2)] 4. The dimension, pattern and profile of the sheam above and below the crossing shall not be modified. Disturbed floodplains and streamc shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] 5. 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. [l5A NCAC 02H.0506(b)(2)] 6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approvaL [ l5A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most curzent version ofNCDOT 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)] 8. Ileavy equipment shall be operated from the banks rather thau in the stream cltannel in order to minimize sedimentation and xeduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)] 9. 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)) 10. 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)] I L Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface �vaters is prohibited [15A NCAC 02H.0506(b)(3)] 12. 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] 13. All fill slopes located in jurisdictional wetlands shall be placed at slones no Flatter than 3: l, unless otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)] 14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the `vtiater Quality Certificatiar� aud all subsequent nrcdiYications, ii aay, shall be maiitained witlr the Division Engineer and the on-site project manager. � 15A NCAC 02H .050 J(c) and I SA NCP.0 02H .0506 (b)(2) and (c)(2)] I5. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization 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 [his certification. [15A NCAC 02H.0501 and .0502] l6. The issuance of this certi£cation 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. 17. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [ I SA NCAC 02B.0506(b)(2)] 18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Gngineer shall complzte and retum the enclosed "Certification o: Completion Form° to notify the NCDWR when all work included in the 401 Certification has been completed [15A NCAC 02H.OS02(�j 19. Native riparian vegetation 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. [ I SA NCAC 02B.0506(b)(2)] 20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with iliis permie wiihout appropriate modification. Should wastz ur Uorrow 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.[I SA NCAC 02H.0506(b)(3) and (c)(3)] 21. F.rosion and sedimeni con[rol practices must be in full compliance �vi[h a!I spacitications governing tha proper design, instailation and operation and maintenance of such Best Management Prxciices in order to protect surface waters standards [i5A NCAC 02FL0506(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 design, installation, operation, and maintenance of the sediment and erosion conhol 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 conshuction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For bonow pit sites, the erosion and sediment conVol measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Caro[ina Surface Mining iY/anual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 22. 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 o�ce of Administrative Hearings within sixry (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. 'fhe 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 Heazings. The petition may be faxed-provided the original and one copy of the document is received by the Office of AdminisVative 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 Ra:eigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition. must also be served on DFQ as follows: Mc Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center This letter completes the review of the Division of Water Resources imder Section 40l of the Clean Water Act. If you have any questions, please contact Brian Wrenn at (919) 707-8792 or brian.wrenn@ncdenr.gov. �e'Y, . ('�-- ��- �. S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: David Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Parker, Division 7 Environmental Officer Travis Wilson, NC Wildlife Resources Commission File Couy �;;,;,: � ,::`' Water Resources EN V IftONMcN IAL OUALII T NCDWR Project No.: County: Applicant: Project Name: Date of [ssuance of 401 Water Quality Certification: t�n�r nacca��itv DONAI.D R. VAN DIiR VAAK"f S JAl' ZININtI?RMA�N 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 fonn rra-y be re[crned to NCDN,'R by thz applicart, the appl:canYs authoriz�d agent, or the projeci ergineec It is act necessary to send certificates from all of these. ApplicanYs Cerlificaliat 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 boilt within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signat�re: Caia: AgenYs C�rti rcr,l:ox �, , hereby state that, to the best of my abilities, due czre and diligence was used in the observa[ion of the construction such that the wnstruction was observed to be buil[ within substantial cotnpliance and intent of [he 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineet'.c Cerlifrrn[ion Partial Final �, , as a duly registered Professional Engineer in Ihe State ofNorth Carolina, having been aothorized 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 obcervation of the cons[ruction such [hat [he consh'uction was observed to be buil[ wi[hin substantial compliance and intent of Ihe 401 Watzr Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting ma[erials. Signature DatP Registration No. Slalt of No�Ui CamHna IEncironmental Qualily I�Nata� Rsunrces 16Y7 Mau. Serti.tt CC�,+kr, RaLe,'vg'w, Nm-4+� i/+r�Y.a 276v �-15i7 Vkov.e� S1S-fi0�-4,300 �b.'