Loading...
HomeMy WebLinkAbout20141007 Ver 1_Approval Letter_20161118Environmenlal QUQ�Ity PAT MCCRORY Governor DONALD R. VAN DER VAART Sccrctary JAY ZIMMERMAN DWR Direc�oc November 18, 2016 Pitt County D W R Project No. 20141007 TIP B-5100 Bridge No. 421 REVISED APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION with ADUITIONAL CONDITIONS Mr. Lynn Raynor, P.E. City of Greenville 1500 Beatty Street Greenville, NC 27834 Dear Mr. Raynor: It came to our atten[ion at the pre-construction meeting for this projec[ on November 17, 2016 that the Water Quality Certifica[ion that was originally issued did not correspond to the Nationwide Pennit issued by the US Army Corps of Engineers. This revised approval replaces [he original Wa[er Quality Certification dated Oc[ober 14, 2014. You have our approval, in accordance with the conditions listed below, for the following impac[s for the purpose of replacing Bridge Number 421 over Meeting House Branch on King George Road in Greemille, Pitt County: in the Tar-Pamlico River Basin Stream �yeUand SiCe Permanent �� (ac) Bridge 421 30 0 Total 30 0 Buffer Site: acts in the Tar-Pamlico River Basin Zone I minus =Zone I Impact Wetlands BufTers (sq ft) in Zone 1 (not wetlands) (sq ft) (sq ft) I 303 0 303 2 770 0 770 3 848 0 848 4 45 0 45 Totals I �966 I 0 I 1966 Zone I Quffcr Mitigation Required (using 3:1 ratio) na na �a 135* 135 na = buffer impacts less than 1/3 ac and I50 linear feet. No mitiga *= stormwa[er device in Zone I and Zone 2. MitigaCion required. Zone 2 mirzus = Zone 2 Impact Wetlands Buffers (sq ft) in Zone 2 (not wetlands) (sq ft) (sq ft) 1102 0 0 0 388 0 30 0 1520 0 Zone 2 Buffer Mitigation Required (using 1.5:1 �iut na 0 na 388 na 30 45' 1520 45 The project shall be eonstructed in accordance with your application dated received September 22, 2014. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nomber 3891. This certification wrresponds to the Nationwide Permit 23 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B .0259). In addition, you should acquire any other federal, state or local permits before yoo proceed with �Nothiny Com}7ares -- : State of Nonh Carolina I Environmen[aI Quality I bl I Mafl Service Center I Raleigh, North Carollna 27699-161 I 919-707AOOU your project including (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 DWR and submit a new application. If the properiy 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 described in 15A NCAC 2B .0260(9). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 1. Compensatory mitigation for impacts to 45 square feet of protected riparian buffers in Zone 1 and 30 square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of Greene Environmental Services. Mitigation for unavoidable impacts to Tar-Pamlico Riparian Buffers shall be provided in the Tar-Pamlico River Basin and done in accordance with 15A NCAC 2B .0260(9). Greene Environmental Services has indicated in a letter dated July 22, 2014 that they will assume responsibility for satisfying the compensatory mitigation requirements for the above-referenced project, in accordance with Greene Environmental Services Tar River Basin Riparian Buffer and Phosphorous Offset Umbrella Banking Instrument approved by the North Carolina Division of Water Resources on May 1, 2013. 2. The issuance of 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 requirements, etc. 3. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval. 4. 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. 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. 6. 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. 7. 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. 8. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 9. 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 pollutants into the stream. 10. 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. 11. 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 standards: 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 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. a 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 Pollutiori Control Act. 12. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this certification. 13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 15. Native riparian vegetation (ex. list trees and shrubs native to your geographic region) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 16. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this certification 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 construction activities. 17. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition is a condition of the 401 Water Quality Certification. 18. 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. 19. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary causeways, ar floating or sunken barges. If work conditions require barges, they shall 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. 20. 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 approval from the NCDWR first. 21. 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. 22. A turbidity curtain will be installed in the stream if driving ar 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 priar approval from the NCDWR. 23. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. 24. 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 byNCDWR. At this time, NCDWR has approved no sediment and erosion control devices 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. 25. New roadside ditches must be in compliance with the nitrogen control and diffuse flow requirements outlined in 15A NCAC 2B .0259. 26. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose 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 next growing season following completion of construction. 27. 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 DWR 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, DWR may reevaluate and modify this certification. 28. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. 29. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT Division Engineer shall complete and return the encbsed "Certification of Completion Form" to notify DWR when all work included in the 401 Certification has been completed. 30. A copy of this Water Quality Certification shall be maintained on site at 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. 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 Adminislrative heazings. 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 nortnal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of S: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 fa7ced-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 far the Office of Administrative Hearings is: Office of Administrative Heazings 6714 Mail Service Center Raleigh, NC 27699-6714 � Telephone: (919r431-3000, Facsimile: (919)-431-3100 A copy of the petition must also be served on DENR as follows: Mr. Sam M.Hayes, Genenl Counsel Departrnent of Environment and Natural Resources 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 Garcy Ward at (252) 946-6481 or gazcy.ward@ncdenr.gov Sin�ly, /� C �s° for S. Jay Zimmertnan, Director Division of Water Resources Attachments (General CeRification and Certificate of Completion form) cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office Neil Lassiter, Jr., PE, nlassiter@sepiengineering.com Garcy Wazd, DWR, Washington Regional Office File Copy Environmental QUQ�IC}� \ NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: PAT MCCRORY (iovernur DONALD R. VAN DER VAART Suretar} JAY ZIMMERMAN DWR Directoc Certificate oT Completion Upon completion of all work approved wi[hin [he 401 Wa[er Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to re[urn 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 to NCDWR by the applicant, the applicanYs authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicunt's Certifrcatio�r 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 ro be built within substantial compliance and inrent of the 401 Wa[er Quality Certification and Buffer Rules, [he approved plans and specifications, and other supporting materials. Signamre: Da[e: Agen1's Cerlifrcation I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construetion such that the cons[ruction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buf%r Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's CerliJ)eulion Partial Final 1, , as a duly registered Professional Engineer in [he Sta[e of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the projec[ for the Permittee hereby state [hat, [o the bes[ of my abilities, due care and diligence was used in [he observa[ion of the construction such diat the construction was observed to be built within subs[antial compliance and intent of Ihe 401 Water Quality Certification and Buffer Rules, [he approved plans and specifications, and other supporting materials. Signa[ure Date Re�istration No. %'Nothing Compares = .- Statc of Nonh Camlina I Environmental Qualiry 161 I Mail Service Center I Raleigh. North Carolina 27699-161 I H19-707 �)OOU