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Home My WebLink About20170115 Ver 1_Approval Letter_20170130Environmen tal Quality ROY COOPER r;orcmm� MICHAFL S. REGAN i.,�,;�<<,n� S. JAY LIMMERMAN u„�_v,�� January 30, 2017 Na;h Couniv Ni DWR Project No. 2U1701 IS US 301 Bypass TIP No. U-3330 APPROV.qL of 401 W,4TF.R QUALITY CERTIFICATION and TAR-PAMLICO BUFFF.R AUTHORI7.ATION with ADDITIONAt. CONDITIONS Phiiip S. Harris ill, Pc, Niauager NCDOT vatural Environment Section 1598 ti1ai1 Service Cen[er Raleigh, NC 27699-1598 Dear Mr. Harris: Ynu have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of highway widening and bridge replacement along US 301 Bypass in Nash Co��n?y: Streaoi Irn acts in it�e i ar-P>;v�lico (li.er Rasin Siic Ptrma�ien. Fil1 i� Fe�'ennial Tertipm�ary Fill ir Ferennial Stream Riprep SlsLilization tu Fereunfsl Stream (linear f�__ (linear ft) Stream �inear fq _ I 0 — — ---- z�4 - --- ----- 119 -4 ------99 -- --- 0 ------ ---- � ---- 7 43 147 88 Total I --------142 ---- --- - 471- -- 207 Total Stream lmpact for Project: 320 linear faet. Site � 5 6 -7 To[ai Permanent Fill ac Tem ora I 0.01 0.03 Q.07 0 0.01 0 0.02 0 0.01 0 0 0 0.12 I 0.03 Tctal N'et:and lmp:�cf 0 in Ihe Tar-Pamlico River Basin ) Mechanized Ciearin a< 0.04 0.08 0.02 Pruject: 0.33 acrzs. (J.OI 0.18 -` �'Nothing Compares'�.� Sla�z nl North Car��line:, Environinenrai Quxli�y i o 17 Mafi Service Cen[tr � kxlefgii, Noreh Carolinn 27599-161 / Wetlnnd Im 0.08 0.15 0.03 0.04 0.33 Site _1 _Bridge 1- Temp. Access 7 TJtili - 1 Utilit�2 � � Te�tais Zone 1 impact (sq ft) _ 9006 _ 1416 8501 1b82. 684 21'�89 Tar-Pamlico Ri arian Buffer Zone 1 BufPer Mitigation te uire�] usin 3:1 ratfo N/A � N/A � N/A NiA N/A a * n/a = Impact Allowable, no miiigation required Total Buffer Impact for Project: 32053 square fee� Zone 2 Impact (sq ft) 3931 949 3732 261 18�1 _ 1�J754 Zone 2 Buffer iYiitigation :ec�uired (�esing 1.5:1 ratio _ N/A __ N/A N/A i�1/.A NiA 6 The project shall be constructed in accordance with your application received January 25, 2017. After reviewing .. yot�r.application, we have ciecided that rJhese impacts are covered by General Water Quality Certification Number 38$6. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval �" is also valid for fne Tar-Pamlico Riparian Buffer Rules (1�A NCAC 2B.0259). In addition, you should acquire any other federal, sta±P or local permits before yon proceed with your pro;ect including (but not limited to) Sediment and Erosion Control, Non-Discharge and VVater Supply Watershed regulations. This approval will expire with the accompanying 4G4 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 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 tl:e conditions. If total wetland fills for th:s project (now or in the future) exceed one acre, or of total �- . impacts t� str�ams �naw or in the:future) :excead 150 iinear f�et, com�ensatory mitigatioti may be required as � � d�scribed in 15A NCAC 2H .0506 (h) (6) and (7). Ad�itionul buffer u-npacts muy require ccmpensatory mitigat�cn as �escribed in 15A I`TCAC 2B.02S9. For this approval to remain valid, you must adhere to the cond:t:ons listed in th� ger.erai ce:-tificai:or� ar�d any ad.a.i�ianal c�n�iticns Ii�ted �el�v�. �onditions off Ceriif cation: 1. The post-construction removal of any temporary bridge struGtures nnust ret�.irn 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 401 Water Quality Certification, the bridge demolition and construction must be accomplished in strict compliance with the most recent version of NCDOT's Best Management Pructices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 3. Bridge �eck drair�s s�all not discharge directly into the stream. Stormwater shall be dirzctzd across the bridge and pre-ireated 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 [delete if non-DOT p.eject], please ref r to the most recent vPrsien of th� Ner!h Ca��olina Department of Transportatic.ti StoYr.ntivater - Best Management Practices Toolbox manual for approved measures. [] SA NCAC 02H .0507(d)(2) and 15A NCAC U2H .0506(b)(5)] - -4. �lo d.�ill slurry or �vater thai has been ir. contac� v�ith uncured cor.crete shzli be allowed to enter surface v�aters. This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3) ] . . 5. A turbidiry 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 banic. This condition can be waived with prior approval from the I�TCD�'VR. �.SA ;'dC�:C 021'� .Q506(bl(3) ) 6. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary causeways, or floating or sunken barges. If work conditions require barges, they shail 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 botEom of the surface water. [ 15A NCAC 02f-T .0506(b)(3 j] 7. The Temporary Buffer impact for construction access at site 1 shall be replanted with hardwood tree species upon completion of removing the temporary access bridge. [15A NCAC 2B.0295] &. Unless otherv:�ise approved in ihis certificatien, placemer.i ef culver'ts and other stru�tures in open waters and streams, shall be placed beiew the elevation ot the s�-r�ambed by one foot for ail culverts �viih a diameter �-eater than -� �8 inches; an� 20 perceni of the culvert diameter ior culverts having a diameter �ess than 48.inches, io aliow lo�� low � passage oi water and aquatic life. Iiesign and placement oi culveris and other structures including temporary erosion control measures shall not be conducted in a manner that may result ir_ dis-eq�ailibrium of wetlands or streambeds or - bar.ks, adjacent t� or upstream ard do��n stream of the above structures. The applicant is required to �mvide evidence that the ec�uilibrium is beingmaintained if requesieci in writing by the NCDWR. If this conditioa is unable to be met � due to bed��ock or other limiting features encountered during construction, piease contact tne NCDWR ior guiclance on how to proceed an� to determine whether or not � pP�tnit me�ificatian will be required. [15A NCAC 02H.Q506(b)(2)] - 9: If multiple pipes or barreis are required; they shall be designed to mimic natural stream cross section as closely as : p�ssihlz includin.g pipes o; rarrzls at-fiood plain elevation and/or sills where appropriate. Wide,ning the streani channel should be avoided. Stream channel widening at the inlet �r outlet end of structures typically decreases water _ velociiy causing.sediment deposition tbat requires increased maintenance and disrupts aquatic life pass�ge. [l��i NCAC 02H.0506(b)(2�� _ --- -�- ? 0. Riprap�shall not be placed in the active thalweg channel or placed in the streambed in a manr.er that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. [15A NCAC 02H.0506(b)(2)] , 11. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegeiated with appropriate native species. [15A NCAC 02H.0506(b)(2)] - 12. The str�am �rar.nel chal� be excat�ate� nc dPeper thar. the natur.l be� mat�ri�.l of the strea:�, to the maYimam zxtent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation respo;�sible fo� mair.iainirg zhe s�re�.m bank stabiiity. Any� appiicable �iparian bkffer impact fo: access tc stream channe. sha:] oe temporary and be revegeiated with native riparian species. �15A NCf1C 02H.G506(b)(2)] 13. Ali stormwater runoff shall be directeci as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by t��is certifica+ion. [15A 1`ICAC 2B.0254) . 14: All riparian buffers impacteu by ti?e placement of ter�i�orary f ll or clea.•ing activities shali �e res�ored to the greconstruction contours and reve�etated. Maintained buffers shal� be perma�ently revegetated v�ith non-weody species by the znd of the growing season fa�lowing completion of �onsn•uction. For the purpose of th;s cor,ditioa, maintained buffer areas are defined as areas within the transportation corridor that will be subiect to regular NCDOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated with native woody species before the n�xt gro�-ving season following completion of construction. [15A NCyC 2B.0259] 15. Purst��nt to ] SA NCA_C 2I3.0259(6), sediment and emsi�n centrol devic�s shall not be placed in Zone 1 of any �� Tar-Pamlico Buffer with�ut prior approval.by the NCDWR. At this time, the NCDViTR has approved no sediment and erosion contr�l devices in Zone 1, outside of the approved project irnpacts, anywhere on tnis project. Moreover, sediment and zrosion controi devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diff�zse flow. 16. ?f �onerete is used during constcuction, a dry work area shall be maintained ta prevent direct centact bet��een curing concrete and stream water. .Wate: that :r.a�v�rtently contzcts u:�cured �oncrete shall not be discharged to s� rface �vat��s tlue to the �ater.tial fcr stzvaie� pff ar.d possible a:�uatic life �nd fsh i=:!�s. [S 5� `TC`AL; Q?8.02�J{�; 17. During the construction of the nroject, no staging of equipment of any kind is permitted in waters of the U.S., or �rote�te4 riparia� bu�fers. [ISA h�C;A�' 02I�. �506��)(2)] i8. The �:mensi�n, �attyrn and prc�file ofthe stream above and be!ow the c:ossing shall r.ot be modi�ed. �7isturbed fla�,cl�lains an� �tr�ans sC�ail. h? r��siored±� r.a�ural geomorpl�ic conelitaans. [15A NCAC 02h.Q505rbj(^�] 19. The use ofrip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed ror stream stabilization shall be.nlaced instream channels in such a manner that it does not impede ac�uaiic life nassage. [15A NCAC 02H.0506(b)(2)] 20. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 21. All �:�ork in o: ad,Jacen� to siream ��ate:s shaii b� conducted in a cuy woric area. Approved B3viP measiu•es n•oni � the most .,�rrer,t vei•sion �� NCDt�T Construction and �Iaintenauce A�tivities manual sucli as sa�idbags, rock berms, cefferdams and other divers�on struciures shall be �.�sed to prevent ex�avation in flowi.�g water. [15A NCAC U2H.0�06(b)(3) and ic)(3)] 22. Heav_,� equipment shall bP operated frcm the ban:cs rather than in th� stream channel ir� order to mir�inize sedime�rtation a�id reduce the introduction of other pollutants into the streatn. [15A NCAC 02H.0506(bl(3)] 23. A]I mechan:zed equzpment_onerated r_ear si�rface �maters must be regularly inspected and maintainecl to prev�nt contamination of stream.waters from fuels, babricants, hydraulic fluids, or other ±oxic materials. [15A NCAC 02H.0506(b)(3)j __ _ 24. No.rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [l5A NCAC 02H.0>06(b)(3}] 25. Discharging hydroseed,mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15P. NCAC 02H.0506(b)(3)] ' - 26. 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. lf the NCDWR determines that such standards or laws are not being met �inciuding the�failure to sustain a designated or achieved use) or that State or federal iaw is being violated, ar that -� - fiu-ther conditions are neGessary to as§urP compliance, the NCDWR may reevabaate and modify this certification. [15A �TCQ.0 r�2B.02Q��! 27. i11i fl? slores; lacated. ia juris�ic;.ionai wetlands shali ne place� at siopes r.a fatier thaa �:1, sn=ess otherv�ise authorized by this certifica�ion. [15A NCAC 02H.G506(b)(2)j 28. A copy of this W ater Quality Certification shail be maintained on the construction site at all times. In addition, the oi�ater Quality Ce�tificatior� an;I al� su�sec�uent r.iedifications, if any, sllall be cnaintaine� ��ith t?:e Divisi�i� Eng:neer ar.� . the on-site project manager. [l SA NCAC 02H .0507(c) and i5A NCAC 02H .OS,06 (b)(2) and (cl(2)] 29. The aatside �iiffer, wetland or water �boundary ]ocated within tl:e �onstruc�ien cor:idor app.oved by this authorization, including all.nor�-comrr.ercial borrow and waste sites associated with tr�e project, 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 this certification. [15A NCAC 02H.0501 and .05021 _. - 30. The issuance of this certificati�n does not esempt the Yermittee from comply:ng �vith any and all statutes, rules, regulations, ar ordinances th�t may be imposed by other government agencies (i.e. ?ocal, srat�, an� feder�l) having jurisdiction,. including but not _!imite� to applicable buffer rules; stormwater management rules, soil erosion and sedimentation control requirements, etc. ? 1. The Permit#ee shall xe�ort any yiola±ions of this certificati�n to the Divisien of �Nater Resources within 2� hours of discovery. [l5A NCAC 02B.0506(1�)(2)] 32. Upen completion of the project (including any impacts at associated borrow or v��ste sites), the :�:CDrJT Divisioa Engineer (c;r .vrhom�rzr i� t?ie autl�orized a�ent if a r�on-IvTCli�'?- �rojectj s�-�all cor��piet� at_� re�:tn tl�e e. cicsed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [ 15A NCAC 02H.0502( fl] �3. Nai:�:e ripari�,.n ve�etation (i.e,,.trees a�-:d shruhs rative s.o your geogra�.�ic regic�n) n�us± �e re�srablis}ied i;i the riparian areas withi:� the const��ction limits of the project by the end of the ,�ow'v�g season following completian. of construct�on. [ i �A NCAC �'ZB.C"�5��1011 34. There shall be no excavation from, or wasie disposal inio, jurisdictionai wetlands or warers associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste ar borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)] 35. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installati�n at�d ccerati�:� an� maintenance ef such Best �Vlanagemert ;'ractices :r order tu �roiect surface �yaters standards �15A NC.�C 02H.G�06(J)�3) and (c)(3 j]: a. The �resion ar_d sediment control measures iar the project must Ce designe�l, installed, �perate�, and maintained in accordance wiih tne most recent version of the Nortn Larolina Secliment and Erosion Control Planning and Design Manual. �- �. - The design, i.�sta:lation, operat:on, and maintenance of the sediment and �rosior, control rreasures must -� 'oe such tiiat.they eauai, or exceed, the reauirements specii�ed in tne most recent version of the North Car.olina Sedirnent and Erosion Control Manuai. The devices shali 'ue maintairied on ail construction sites, borrov� sites, and waste pile (spoil) projects, :n�luding contractor-ov!wned o: leasec� borrow pi.ts associated with the project. c. For borrow pi? sites, thP eresion and sediment control measures must be designed, installed, opera±ed, _ a,rid maintairsed in.a�:.ordance with the most recent version of t,he PJorth Carclina Surface tLfining Manual. . d. . Tbe reclamation m�asures and implementation must comply with ine reclamation in accordance with the requ:rerr.ents of the Sedimentat:on Pollution Ccntrol Act. 36. 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)] . .. lf yon wish to contest any,statement in the �ttach.ed Certification you must file a netition for an administrative hParir.g. Y^�.i r.iay ohtain +he netit��n.fe:�tn ;�om ihe office of Adr.?i�is*r»tive hearir:gs. �_'e�i mt�st fi�e the pe*itian with the office of Administrative Heurin�s within sixty (6C) days of receipt of this notic�. A petition is considered f leu' wher. it is received :n the.office of Administ�ative Hear:ngs di�ring nc.�ai �f:ice r�ours. i he �fT:ce of A�minis�rative Hearings accepts filings Monday ihrough Friday between the hours oi S:OOair� and S:OGpm, except for ofticial state holidays. The original and one (11 copy af the petitian must be filed v✓:th 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 Neari.ngs �vit'_nin f ve (5) b.�siness days followin� the faxed �ra�isn;is�ioi�. The mailing address for the Offtce af Administrative H�arings is: , Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27693-6714 Telephone: (919) 431-300Q, Facsimile: (919) 431-3100 A copy of the petitier. must also be served on DEQ as follows: Mr. Sam M.Hayes, GeneraI Counsel Department of Envirenmental Quality 1601 Mail Service Center This letter completes the review of [he Division of Water Resources under SecUion 401 of the Clean Water Act. If you have any quesrio�s, please contact Rob Ridings at 919-707-8786. Sincerely, �� v S. Jay Zimmerman, Director Division of Water Resources Electronic copy only distribution: Tom Steffens, US Army Corps of Engineers, Washington Field Office Chad Coggins, Division 4 Environmental Officer Chris Rivenbark, NC Department of Transportation, PDEA. File Copy � [7 Environinei�tal Quality NCD�b'R Pruject No.: Appli;ant: Project Name: Da[c of Issuavice ot401 �Natcr Quality Certificntion� Cuunty: kOY COOPER MICI IALI. S. Kf:GAN ti. 1,4Y ZIMMF.RMAN Certificate of Completion Upon completior� of aL' wrn'k approvzd within the 401 Water Quality Certiticatirni or applicable Rufl�er Rules, and any subsequent modificatior.s. the applicant is reouired ro retum [his certifica[e [o the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleie,h, NC, 27699-1617. This form may be returned [o NCDN�'R by [ne applicant, the applicant's authurized agenL. or the prulect engineer. If is not necessary to send certificates from all of these. .App/icanYs Certification I, , hereby state that, [o Ihe best of my abilities, due care and diligence was used in the observation of [he construction such [hat the cunstruction was observed to be buil[ within substantial compliance and intent of [he 401 Wa[er Quality Certifica[ion and Buffer Rules, the approved plans and specificniions, and olher supporting maierials. �ionature� Ua[e� ; :gen1's Ceriificulion I. , hereby state that, to the best of my abilities. due care and dili�ence was used in the observation of the construction such that the consVuction was observed to be built within substantial cuinpliance and iulenl o� lhe d01 \Vater Qualit, Ceititicalion and Buffzr Rules, [he approved plans aud specifications, and other supporting materials Sigrature: F_ngineer's Cerlifiealiou Partinl Final �, , zs a duly registered Professional Engineer in the Stat: of North Carelina, having been authorized to obseive (periodically, weekly, full time) the construction ofthc project for the Permittee hereby state that, to the best of my abilities, due care and d�ligence was used in the observation o[ the consn'uction sach that the construction was observed to be buih within substantial canpliance nnd intent of rhe 4D 1 Wa[er Qualih� Certitica[ion and Buffer Rules, [he approved plans and specitic2tions, and other supporting inateriats. Signawre Gate kegistration No. '"Nothing Compares - . $tx[e ol' Nortl,� C�wiine'i EneiremnenCal QoaLry i 6 i 7 Ma'J Servme � ente� I Raic�gii, North Caroima D699- I o i 7