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Home My WebLink About20160730 Ver 1_Approval Letter_20160805Water� Resources ENVIRONMENTAL �UALITY PA"I' MCCRORl� I)ONA[,I� R. VAN I)1?R VAAR"t� �. JAY "1,(MMERMAN August 5, 2016 Nash County NCDWR Project No. 20] 6073G Bridge 140 on SR 1319 State Project No. 17BP.4.R.70 APPItOVAL of 4Q1 �'VATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AlJTHORIZATION with ADD�TIOI�AL CONUITIONS Mr. Tim Little, P.E., Division Engineer NCDOT, Division 4 PQ Box 3165 Wilson, NC 27895 Dear Mr. Little: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 140 in Nash County: Stream Im acts in the Tar-Pamlico River Basin Site Riprap in Perennial Stream (linear ft) � Total Stream Impact (linear ft) Tntal I 31 ---1----- --------------- Totat Streann �mp�ct !'or Project: ?1 linQ�r feet. Site Zone 1 [mpact s ft Totals 2197 Tar-Pamlico R Zone 1 Buffer Mitigation teauired (usin� 3:1 ratio I�N:1 --- ' --- Buff"er Imp�cts Zone 2 Impact (sq ft) 1310 31 Zone 2 Buffer Mitigation Required (using 1.5:1 ratio) N/A * n/a = Total far Site i� less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project: 3507 square feet. The project shall be constructed in accordance with your application received July 27, 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 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-DischarDe and V✓ater Suppl; Watershed rebulations. This approval w�ll 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 natity the NCDV��R and submit a new application. If the propert� is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying v�i±h a!! the co,iditi�ns. If t�ta! wet!an� f Ils fer ±h�s are;ect (nr,�� o�� ir the f_itur�; excee� one acr;, .;r ef ±etal impacts to streams (now or in the futurej exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h j(6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15,4 Iv`CAC 2R.0259. For this approval to remain valid, you must adhere to the conditions list�d in the attached certification and any additional condition� listed below. State cf North Carnlina !Emimmnentai �hialit� � PJ�ter Resourc�s 16t7 Mail Seivica �en�er, Raleinh. North Ca�oiina 2i699-i617 Ph00f : 91 `?-SO.'-6SG0 Conditions of Certification: 1. The post-construction removal of any temporary bridge shuctures 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)] 2. As a condition of this 4t� i Water Quality Certification, the bridge demolitior. and consh•uciion musi be accompiished in st►•ict compliance with the most recent version of NCDOT's Best Management Practices for Construction and Maintenan�e Activities. [? SA NCAC 02H .OSQ7(d)(2) and l5A NCAC 02H .0�06�b)(5)] 3. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated thraugh site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.; before entering the stream. To meet the requirements of NCDO'T's NPDES permit NCS0000250; please refer to the most recent version of ihe North Carolina Department of Transportation Stormwater t3est Manugement Practices Toolbex manual for a�proved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 4. Bridae piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaf� construction methods.lVlore specifically, jettir.g or other methods of pile driving are prohibited withaut prior written approval from the NCDWR first. [15A NCAC 02H.0506(bl(21] 5. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shal] be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3)] 6. 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)] 7. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise apnroved by this certifcation. [15A NCAC 2B.02591 8. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the �recans�ruction contaurs and revegetated. Maintained buff :s shall be perrnanently revegetate,d with non-woody species by the end oF the growing season following completion of construction. For the pui-�ose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated with native woody species before the nex� growing season following completion of construction. [15A NCAC 28.0254J 9. Pursuant to 15A N�AC 2B.0259(6), sediment and erosion control devices shali not Y,P placed 'ui Zone 1 of any Tar- Paml;co Buffer without prior approval by the NCDWR. At th;s time, the NCD�JR has app:oved no sediment and erosion control deviczs 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 buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 10. If concrete is used durina constntction, a dry work area sha!1 be maintained to prevent direct �ontact between ct�ring concrete and stream water. Water that inadvertently contacts uncured concrete sha11 not be discharged to surface waters due to the ootentia! for elevated pH and passible aquatic life and fish kills. [15A NCAC 02B.0200] 11. 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)] 12. The dimension, pattern and profile of the stream above and belo;v the crossing shal] not be modified. Disturbed floodplains and streams shall be restored to natural gecmorphic conditions. [15A NCAC 02H.0506(b)(2)] 13. 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.�J505(bl(21] l4. 'I`h� Pe?-mittee shall ensare that the final des:o drawings adhere to !he pPrm:t and to the permit elrawings submittP� for approvaL [1�A NCAC C_Y, .0507 (c) and �SA NCAC 02}I .C3��6 (b}(2� �nd �cjf2jj 15. All work in or adjacent to stream waters shall be conducted in a dry work area. Appraved 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)] 16. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation an:i reduce the i �troduction of othe: po!lutants into the stream. [ I SA NC AC 02H.0505(b)(3)] :7. All mechanized eq_uipment operated near surTace ��aters must be regularly inspected anct maintained to prevent contamina±ion ef stream waters from fuels, lubricants, hydraulic fluid�, or o±her toxic materials. [? SA NCAC 02H.0506(b)(3)] 18. 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)] 19. Discharging hydroseed mi;cttues and washing out hydroseeders and other equipment in er adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 20. :he permittee and �ts authorizec'. agents shall conduct its activities in a nianner consistent with Sr.ate water quality standards (including any requirements resulting from compliance with 5303(d) of the Clean Water Actl and any other appropriate requirements of State and Federai law. If the NCDWR determines tnat 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] 21. 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 project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 22, The outside buffer, wetland or water boundary locate� within the construction c�rridor apnroved by this a:1thQT;zation; ir_c!«:�;.ng a!! non-commerc�al borrow and •F,aste sites asse�i�ted with ±he rreje�t, sha!1 be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless oiherwise authorized by this certification. [; �A NCAC 02H.OS�J 1 and .0502i � 23. The issuance cf this certification 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 reauirements. etc. 24. Th� Per.mittee sha.! report an•y violations of this certificatian to the Division of Wate: Resou.c�s within 24 hcurs af discovery. [ 15A NCAC 02B.0506(b)(2)] 25. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engin�er (or whomever is the autliorized agent if a non-NCDOT project) shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all �vork included in the 401 Certification has been completed. [15A NCAC 02H.0502(fl] 26. 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, [15A NCA.0 02B.0259(10)] 27. There shal: be no excavation from, or waste disposal ir.to, jurisdictiona! wetlands or waters associated with this permit without appropriate mcdi�ication. Should waste or borrow sites, or access roads to waste or borrow sites, be �ocate:i in wet�ands or streams, compensatary mitigation �ti�;li be :ec�uired since tnat is a ci'.rect impact :i•orn :oad construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)] 2�. Et�Usion and sec'ime�t con�roi cractices must be ir_ full cor7pliai�cP with ai_� specifieations goi�e�ning ��e pro�e�• desi�n, insta;lation and operatior a.r,d maintznance of sucl� Best Nanage�nent F��actices in order to ;�;otect surfa:.e w�ters star.darcls �1_�A_ NCAC Ozti.f1�06(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. "I'he 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 (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 tne 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. 29. 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 (cx3)] 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 sixry (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Heazings 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 Office 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 O�ce of Administrative Hearings is: Ot�ce of A�ministrative 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 16Q1 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 qi�estions, please contact Rob Ridings at 919-707-87$6. Sincerely, � � � ..l " � � S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: Tom Steffens, US Army Corps of Engineers, Washington Field Office Chad Cog�ins, Divisiun 4 Environmental Officer Fi�e Copy Water Resources ENVIRONMcNTAL OUALITY NCDW'R Project No.: Applicant: Froject Narne: Date of Issuance of 401 Water Quality Certification: COUIIiy: PA'l, MCCRORY I)ONAI.I) R. VAN [)I?R VAAK"I' ti. JAY 'l,1MMf;RMAN Certifcate of Completion Upon completion of all work approved within the 401 Water Quality Ceriification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Care�ina Division of Water Resources, 1617 Mail Service Center, Rale:gh, NC, 27699-1617. This farm may be r�rarned to NCDVI�'R by tt��e apNlicart, the aaplicart's aathori�ed ag�r,t, cr the proj�ct engine�r. [t is not necessary to send certificates from all of these. Applicant's Certifrcation 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 support�ng materials. Signature: Date: �:�£:ti'S C.',i.I�CQi.G/1 �, , hereby state that, t� 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 materials. Signature: Engineer's Certifrcation Partial Final [, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full timej 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 Suffer Rules, the approvea plans and sUecificatiuns, and other suppo�ting materials. Signature Registration No. Date State of P:crt!� Carolina ;Enviroam�ntal Quaiity 'i Water Kesoa:ces 151; Nia�l ServicP Center, Rale�gh, Nor,h Caroliiia 27699-io17 f'ho: �s. 915-�0 7-o3G0 '�,��"�„�+ . ..