HomeMy WebLinkAbout20160673 Ver 1_Approval Letter_20160720Water- Resources
ENVIRONMEN��AL OUALITV
Site
F';A'I N1C;C:RUftl"
1)UNAL[) R VAN DER VAAR"I
ti JnY 'l,1MM1;RMAN
Juiy 20, 2010
Frankiin County
NCDWR Project i�io 20 � 50673
Bndge 26 on NC 98
State Pro�ect No 17BP 5 R 50
APPROVAL of 401 WATER QUALITY CERTIFlCATION and T.4R-PAML1�0 BUFFER
AUTHORIZATlON wrti� ADDITIONAL CONDITIONS
Mr. J. Hopkms, P E, D�vis�on Engmeer
NCDOT, Dtvtsion 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Hopkins�
You have our approval, m accordance wrth the conditions listed below, for the followmg �mpacts for the purpose of
replacmg Bridge 26 �n Franklin County
__ __ Stream 1►��acts in the Tar-Pamhco Rrver Bas�n _
Site__ �_R�rap to Ferenn�al Stream (hnear ft) � Totai SYream Imoact (linear ft)
— - - --�-----------}------------
Tota!
79
Total Stream Impact for Pro�ect: 79 hnear feet.
S�te
Total
Wetland Impacts �n the Tar-Pamlico River Basin
Mechanized Clearing (ac) j
0.0 I
Total Wetland Impact for Pro�ect: 0.01 acres.
Tar-Pamlico Ri arian Buffer Im acts
Zone 1 Impact Zone 1 Buffer NL�t�gatian Zone 2 Impact
__ (s�ft)__�_Re�uired (using3:1__ratio) (sgft)
79
Total Wetland Im
0.01
Zone 2 I3uffer Mitigation Required
____ (usin�l 5:1 ratio)____
Tctafs i 7032 I :L�/A � 3720 I N;A
* n/a = Total for Srte is less than 1/3 acre and i 50 linear feet of impact, no mitigat�on requ�red
Tota! Buffer Impact for Pro�ect: 10752 square feet.
The prc�ect shall be constracted :n accordance w��?h your application received July 7, 2016. �fter reviewinb your
application, we have decided that these impacts are covered by General Vdater Quality Certificat�on Numbe� 3883.
`� t��s ceri�licaiiori co.r�sac��s te the �at�oinv:de Permit 3 issued by the i;orps of Er�ginecrs i iiss api;roval is ais�
valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC .02B .0295) ln addmon, you should acquire any other
federal, state or local permits before you proceed with your project including (but not l�mited to) Sediment and
Eros�on Cari±ra�, Non-B�schar�e and Water Sup;��;� `JJai�rsh�ci reguiations 'I'h!� a�;proval w�l: �xr►�c ��ith the
accompany-in� 4G4 pem��t
State of Ncnh Carelma IEmLonmertal Quahty I W'ater Resources
1617 Mail Service C2niec Rale�on, No�th Carciina %76,9-i617
P�one �t�-�G 6.'.GG
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 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 des�rbed in :SA NCAC 2B 0259 Fo: this approval to remain val�d, you must adhere ta tt�e conditions listed in
the attacl-ied ceirtification and any addi:ienal conditions iisted below
Conditions of Certification.
1 The post-consructicn removal cf any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas stiall 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 BestManagement Practices for
Constructio� and Maiutenance Activities. f15A NCAC 02H 0507(d)(2) and 1SA NCAC O�H 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 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 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 All riparian buff_ers imP�cted by tbe ola��menr of temporary fill or clearing activities shall be restor�d to th�
prPvonst!�uct�or_ sonto�rs arc� re��egetate�. Mairtained buffers shali be �e!-mar.Pntly revPgP±ated ��vith r.on-��oo�y
species by the end of the growing season following completion of construction. For the purpose of this condition,
rnainta�ned buf:e: areas are deFined as areas w:thin the transpe:tation corridor Yhat �viil be suejeci to r�gular NCDOT
maintenance activiiies including mowing. The area with non-maintained buffers shall be peir7anently revegetated with
native woody speci�s before the next grov✓ing season following completion of construction.[15A NCAC 2B 0259]
6. Pursuant to 15A NCAC 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 conh-ol devices in Zone 1, oulside ofthe approved project impacts, anywhere en this project. Moreover,
sedimPnt and e:osion con�rol devices shall be allcwed in Zone 2 of the buffers pro��ided that Zone 1 is not
compromised and that discharge is releas�d as diffuse flow
7 All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certificatior�. [15A NCAC 2B 0259]
8 If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing conerete and stream water Water that inadvertently contacts uncured concrete shall not be discharged to
surtace waters due to the potential for elevated pH and possible aquatic life and fisn kills. [15A NCAC 02B 020G]
9 Duri*�g 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)]
10 The dimer.sion, pattern �nd pratile cf the stream above and below the crossing shall not be modified. Dis�.u-bed
floodpiai��s ar.ci s�Fams shal; �e restored tc natura! geoir:o:phic cor��itions. [i5:� R'i.AC C2H.CSv6�b�(2�]
11 The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
sta.�i!izaiiJn sl;ul] re piac�.d ;n stream char.r.els ii; such a m,ann�r thai it does nct ir,�ped� a:;uatic lif., pass�tge. f 1`A
TfC!-�C c�2H G�06�b)(21]
12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [i5A NCAC 02H 0507 (c) and 15A NCl�C 02H 0506 (b)(2) and (c)(2)]
13 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)]
14 Heavy equipinent shal? be operated frem the banks rath�r ihan in tiie stream chaanel in order to rriinimize
sedimen?ation and reduce the introduction of other pollutants into the stream. [15A NCAC J2H.0506(b)(3)]
1� fiil 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)]
16 No rock, sand or other materials shall be dredged fi•om the stream channei eacept where authorized by ihis
certification. [15A NCAC 02H.OSQ6(b)(3)]
17 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
18. The permirtee 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
fiu-ther conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A
NCAC 02B 0200]
19 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 maintained with the Division Engineer and
the on-site proiPGt manager [15A NCAC_ 02H 0507(c) and ] SA NCAC 02H OS06 (bl(2) and f,c)(2)1
20 '1'he outside buffer, wet:and or water boundary located within the construction corridor approved bv this
autherizat:on, including all nan-commercial berrow ar.d waste sites asseciaied v�itn the p:eject, shall be ciearly marked
by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless
otherwise autharized'�y this certification. [15A NCAC 02H.0501 and 0502]
21 The issuance ef this cPrtification does not exempt the Permittee fi•om complyin„ 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, stormwaier managemen� rules, soi; erosien and
sedimenta±ion contral requi:ements, etc.
22. 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)]
23 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 proje�t) shall complete and rehirn the enclosPd
"Certifcation of Completion Form" to notify the NCDWR when all work inclu�ed in the 401 Certification has been
completed. �1�A NCAC 02H.0502(�j
24 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. [1�ANCAC 02B U506(b)(2)]
�_`• Ti;B,'E Si131i 'JZ rir� E1Cdvation Trom, OF' vlSSt�� (:1SpOSa: lIIL'0, �urislict��nal w�I18Pi�5 Oi W1LPP5 2SSO�i2lZC� 4ti'itC tll1S
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
cci�struction activxties. [15A NGA_C 02H.U`06(L;(�) ana ic)�3)]
26. Eros�on and sedunent control pract�ces must be m full compliance with all specificat�ons governmg the proper
design, mstallation and operahon and mamtenance of such Best Management Practices m order to protect surface waters
standards [15A NCAC 02H 0506(b)(3) and (c)(3]).
a. The eros�on and sediment control measures for the pro�ect must be designed, installed, operated, and
mav►tamed m accordance wrth the most recent version of the North Carokna Sedlment and Erosion
Control Planning and Design Manual
o The design, mstallat�on, operat�on, and manrtenance of the sediment and eros�on control measures must
be such that diey equal, or exceed, the requirements specified ui the rnost recent version of the North
Caroltna Sedrment and Eroseor Control Manual. The devices shall be mamtamed on all construcrion
s�tes, borrow sites, and waste pile (spoil) pro�ects, mcludmg contractor-owned or leased borrow p�ts
assoc�ated wrth the pro�ect
c For borrow p�t srtes, the erosion and sediment control measures must be designed, mstalled, operated,
and mamtamed m accordance with the most recent version of the North Carolina Surface Menrng
Manuul
d "The reclamation measures and �mplementat�on must comply wrth the reclamat�on m accordance with the
requirements of the Sedimentation Pollut�on Control Act.
27 Sediment and eros�on control measures shall not be placed m wetlands or waters unless otherw�se approved by this
Certificatio� [15A NCAC 02H 0506(b)(3) and (cx3)]
If you wish to contest any statement m the attached Certification you must file a pet�t�on for an admm�strative
hearmg You may obtam the petrtion form from the of�ice of Administrative hearings You must file the petrt�on
with the office of Admmistrarive Hearu►gs withm sixty (60) days of receipt of th�s notice A petihon is cons�dered
filed when �t is received in the office of Administrative Heazmgs durmg normal office hours The Office of
Admmistrative Hearmgs accepts filings Monday through Fnday between the hours of 8•OOam and 5 OOpm, except
for official state hol�days The original and one (1) copy ofthe peht�on must be filed w�th the Office of
Admmistrat�ve Hearmgs
T'he petrt�op may be faxed-provided the original and one copy of the document is rece�ved by the Office of
Adr.mir.�c+�ative I-?ear�ngs vrithm five (Sj busirPss davs f�?lowing the faxed trar.smiss�on
The mailmg address for the Of�ce of Admmistrative Hearings is
Office of Admmistrative Hearmgs
6714 Mail Service Center
Rale�gh, NC 27699-6714
Telephone• (919) 431-3000, Facs�mile (919) 431-3100
A copy of the petrt�on must also be served on DEQ as follows
Mr. Sam M Hayes, General Counsel
Department of Envuonmental Quality
1601 Ma�l Service Center
This letter completes the review of the D�v�s�on of Water Resources under Section 401 of the Clean Water Act If you
have any questions, please contact Rob R�dmgs at 919-70'7-8786
Smcerely,
� �� ,
S J y Zimmerman, Director
L7tvision of Wat.,r Resources
Eiectronic copy only distnbut�on:
Eric Alsmeyer, LS Army Corps of bngineers, Raleigh F�eld Offic�
Chris Murray, Drvision 5 Environmental Ofiicer
F�le Capy
;;
Water Resources
ENVIRONMENTAL OUALIiY
NCDWR Project No.:
Applicant.
Pro�ect Name:
Date of Issuance of 401 Waier Quahty Cert�fication.
County.
PA"1' MCCRUKY
DONALD R VAN DER VAART
ti JAY IIMMEKMAN
Certificate of Completion
Upon complet�on of all work approved within the 401 Water Quality Certificat�on or appl�cable Buffer Rules, and
any subsequent modifications, the appl�cant is required to return this certificate to the 401 Transportation Pern��ttmg
Unit, North Carolina Div�sion of Water Resources, 1617 IViail Service Center, Rale�gh, NC, 27699-�617 Th:s form
ma•y be retarned ta NCDl�V2 by th� ap�l�cant, the apphca;,t's uuthariz�u agent, cr tt��e pro�2ct :.ng;ncer it �s nct
necessa,�-y to send certificates from all of tl-�ese
Applecant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used �n the observat�on of the construct�on such that the construct�on was observed to be built wrthm substantial
compliance and �ntent of the 401 Water Qual�ty Certification and Buffer Rules, the approved plans and
specifications, and other supporting mater�als
Siguaiu►e Date
.9�erzt's Cert'fic�tion
1; , hereby state that, :o the best of my ab�lit�es, due care and dil�gence
was used in the observation of the construct�on such that the construction was observed to be built w�thm substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportmg matenals
S�gnature Date
Engineer's Ce�tifreation
Pariial Final
I, , as a duly registered Profess�onal Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the constructwn of the pro�ect for the
Permittee hereby state that, to the best of my ab�irties, due care and diligence was used in the observation ofthe
construction such that the construct�on was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plai�s and specifications, and other supporting mater�als
S�g7at�are Registration No
l�at?
State cf NorLh Carolir,a !Lm�ironmenial Qua:ih ', Water Nesoivce�
161; Mail Servica Center Raieigh, Norlh Carolina 27699-�6tt
Phcr.e 9?y-EO? 6's00