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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