HomeMy WebLinkAbout20170179 Ver 1_Approval Letter_20170224r *; �
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Environmental
Qualilq
ROY C(�OPER
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Miciinri,� a�.anN
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S. JAY ZIMMGRMAN
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Februun 2-0, -0t7
Moo��e Co�.mty
NCDWR Proj�ci No. 20170179
Bridge 19 on SR I I 12
Stete Pmject No. 17BP.S.R.ft9
APPRO��AI, of 40l N'ATCR QUALITY CF,RTIFICATfON :vith ADDIT(ONAL f'ONnITIONS
Ylr. Csrandon :l. ;ones, P.E., Division Engineer
ivCDvT, Givisiun 8
902 TJoith �and'niils Blvd.
„bcrdsen, NC 28J I S
Dear Mr. Jones:
You h�ve uur �pproval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Rrid�e 19 in Moore County:
GitF
lbtal
Stream 1
Ri�irap Slabilizatimi in
Cf.:lellc� `itrp&[C! i�lllf3f �f
7J
s in fhe Lamber River Basin
'1'emporary Im��aci fo t'erennia!
Strcam iii�iea� iti
Total Stream Impart fm• Pro,jech 119 linear feet.
_Site
Tatal
µletland
Pei�mancnt Fill_(ac)__ _
O.ON
46
in the Lumher Itiver Basic
_ _Hand Clearin,p,�(ac)_
Tothl Wellnnd Impact fur Frojeci: 0.28 acres.
o.au
ToYai Stream Impacl
119
o.zs
The pn�ject shnll be consh�uciecl in accordance with your npplication reseiveJ February 9, 2017. A1ter ieviewiug
your applicntion, we iiave Jecided Ihat ihese impacts are u�vcred by Gen�ral 'vVurzr Quaiity Certification iJwnber
3883. 'I'his certilicntion correspouus i�o the Naliumvid2 Pennit 3 issued by th� Cc� ps of Erginezrs. In audition, you
should acq.iire any other fe:leral, srate or loc�l peimits l�efore you proceeii with your prqlec[ ir�cludine �bul �ioi
limiied to) Sediment and Crosion Con[rol, Non-0isch�rge and Waler Supply Wa[ershed regul�tions. This approval
will expire tivi!h !he arcempzn� ing 404 pennit.
This appru�al i. v�lid solcl}� fo�� the p:��uose %ind disign describsd in yonr appi;c:itio�� (;rii.ss rnoditied h:c!o�v).
Shtmlu your pr�jecf chau�e, yuu niust nolify tite N('DWR and submit a new applic�tion. If the prnpert>' i; sold, rlie
new o�vner must be �iven a copy of this Cenihcation nnd approval Ictter. and is �hereby responsible for coniplying
with ali t�ie conuinur.s. Iftotai we�lsnd f!Ils 1or this p:ujeet �no�v or in liie futw�ej exceed or.e acre, or of rotal
impac[s !o su'ea!ns (now or in the futwe) esceed I Sp linea� fecL compensatory nutigatior. may be requi:ed 2s
described in ISA NCAC 2H .0506 ;h) (6; and (7). For lhis a�:proval to rem�in vnlid, you must adhera to the
ccn�i.:�ns listed in'n2 o:.-riiiicalion artl any addihonal condili�,tn� listee bcloiv.
-^Nafhing Co�i3��ares - _
S�aLe at t+mti: Carolinn'i Fevimamenla! �luniii•.
iGI i Naii Seivice Cenler I Faiei@�i_ Lonh t'nroliva ZIcY3-1GI7
Condition� of Certification:
l. For projects impacting waters classified by the NC Environmental Management Commission as High Quality
Waters (HQW), and/or Water Supply I or 11 (WSI, WSII), stormwater shall be directed to vegetated buffer areas,
grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to
discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. [ I SA NCAC
0?B.0224 aed Q�25�
2. The pznaittee shall use Design Staiidards in Sensitiva iVatzrsheds (15A NCAC 4B.G124[aj-[e]) in areas draining
io WSI[ & HQW waters. However, due to the size ofthe project, the NCDOT shall not be required to meet 15A
NCAC 4B .0124(a) regarding the maximum amount of uncovered acres.
3. NCDOT shall be in compliar,ce with the NCS00250 issued to the NCDOT, including the applicable requirements
of tna NCGO] 000. Please note the extra protections for the sensitive watersheds.
4. Ta1l fzscue shall not be u,ed in the establishment of terrporary or permaneet graundcover within riparian areas of
HQW wates. For the establishmer.t of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an zppropriate native seed mix on disturbed soils wiihin the riparian area and on disturbed steep
slopes with the following �xception. Eiu,ion contml matting is not nacessary if the area is contnined by perimz�er
erosion control devices such as silt fence, temporary sediment ditches, basins, eta Matting should be sewred in
place with stanles; stakes; or whereve,r possible; live stakes of nari�e trees. F,rosion contro] mztting placed in
ripariar. areas shall not contain a nylon mesh grid, which can impinge and entrap smal! animals. For the
establishment of temporary groundcover within riparian areas, hydroseeding along with wood or cellulose based
hydro mulch applied from a fertilizer- and limestone-free tank is allowable at the appropriate rate in conjunction
with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface
waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank [ l5A
NCAC 02B.0224 and 0225]
5. As a cu�dition of [his 40 i Water Qualiry Certification, the bridge demolition and construction must be
accomplished in strict compliance with rhe most recent version of NCDOT's Best Management Practices for
Cor,struction and �43interance Ac�ivities. f 15A NCAC 02H �507(,d?(2) and ! SA NCA.0 02H .OipF(b)(51j
5. Bridge deck d�ains shall riot discharge directiy intc the etream. Siorm.va,cr shail oe directed across the bridae xnd
pre-treated through site-appropriate means (grassed swales, pre-fonned scoun c�les, vegetated buffers, etc.) before
entering the stream. To meet the requirements of NCDOT's NPUES permit h`C50000250, please refer to the most
recent version of [he North Carolina Uepar[ment of7ransportntion S[ormwater Best Management Practices
Toolbox ma:!ua! for approvel measures. [15A NCAC 02H .G507(�}(2) and ISA NCAC 02H A506(b)(5)]
7. If concrete is used durina consfmction, a dry work area sl.all be �naintained te prevent direct contact bzhveen
curing conc�ete and strcam water. Wate: that inadvertently contzcts uncured concrete shall not be d:scharged to
-surfacc waters c�ue io die potentia: for elevated pH ar,d possible zquatic life and fish kllls. [ISA NCAC 02B.0200]
8. During the consvuction of the project, no staging of eqnipment of any kind is permitted in waters of the U.S, or
protected riparian buffers. [15A NCAC 02H.0506(U)(2)]
9. The dimension, pattern and profile of the stream above and below the cressing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditioes [ISA NCAC 02H.0506(b)(2)]
10. The use cf rip-rap abcve the Normal High Water Mark shall be minimizcd. Any rip-rap placed for stream
stabilization shall be placed ie stream channels in sach a manner that ir does no± impede aquatic life passxge. [ 15A
Nc.ac ozH.osoF�e)�z)]
I 1. The °ercnittee shall easuro that the final design drawings adhere to the permit and to the p�rmit drawings
submi:ted fc�r apprevaL [15A NC.4C 02H .0507 {c) a�,d 's5�". N�AC 021f ASU6 ti}(ij and (cj(2)]
12. All work in or adjacent to stream waters shall be conducted in a dry work area. Appxoved BMP measures from
the most currenf ve� sior. of NCDG'f' : onsVuction a�id b1ainter�ance Activities manual cuch as szndbag;, rock berms,
co�ferdams anu uthc-r di—version str'ucmrrs shal! be useu to prevenf exea��atiun in t.owin� water. [i �_A NCAC
02HASOi,(b)(3) and (c?(3)1
13. Heary equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the inRotiuction of otfier pollutants into the stream. [ I SA NCAC 02H.0506(b)(3)]
IA. All mechanized equipment opera[ed near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic Fluids, or other toxic materials. �ISA NCAC
02H.0506(b)(3)]
U. No rock, saiid or other materials shall Ue dredged fi•urn the sh�earn char:nei except where authorized by this
ceitificatioa [15A T�CAC 02H.0506(b)(3)]
16. Dischargir.g hydroseed mixtures and washing out hyureseeders a�d otner•quipmen[ in or adjacent to surface waters
is prohibited. ( l5A NCAC 02H.OSOti(b)(3)j
:6. The pernittee and its authorized agents shall conduct iu activities in a nanner consis.ent with State water quality
standarJs (including any requirements resulting from compliance with §303(d} of the Clean Water Act) and any other
apprupriaie requireme�ts uf State and �edzral law. If the NCDWR dztennines that such standards or laws are uot being
met (incli�ding the failure tc sastain a designated or achieved use) or that Steta or federal law is being vio!ated, or that
further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A
NCAC 02B.0200]
17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unlass otherwise
authorized by this certification. f I SA NCAC fi2H.0i06(b)(2j]
I8. A copy of this Water Quality CertiScation 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 l5A NCAC 02H .0506 (b)(2) and (c)(2)]
19. The outside buffer, wetland or water boundary located within the conshuction corridor approved by this
authorization, including all non-commercial borrow and waste sites associated with the project, shall be cleady marked
by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless
other�y(se authorized hy this certification. [1 iA NCAC 02H.050! and .0502]
20.'fhe issuance oYthis cerification docs not exempt the Permittec from complying with any ard all stamtes; rules,
regulations, or ortiinances that may be i:nposed by other v,ovemment agercies (i.e. iocal, state, ar.d f der::i) having
jurisdictiun, including but not limiied to applicable Suffer rules, stonnwater mar�agement rules, suil erosion and
sedimentation control requirements, etc.
21. The Permittee sLall repoR any violations of this certification to the Division of W ater Resources wiffiin 24 hours of
discovery. [15A NCAC 02B.OS06(b)(2)]
22. Upcn completion of the project (ircluding any impacts ai associated borrow or wasie sites), the NCDOT Division
Engineer (or whomev€r is thz acthorized agen[ if a nce-NCDOT p�oject) shall wmplete and remrn the enclesed
"Certitication of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been
completed. [i5A NCAC 02H.0502(fj]
23. Native riparian vegeta?ion (i.e, trees and shrubs native to yeur geographic region) must be reestablished in the r�parian
areas within the construction limits ofthe project by the end of the growing season fo!lowing rnmpletion of construction.
[] SR NCAC 02R.0506{b)(2)]
24. There shall ba no e�cavation from, or waste disposal into, jurisdictional wetlands or wate:s associated a�ith this
permit without appropriake modification. Should waste or bo:row sites, or access roads te waste or borrow sites, be
located in weNands or streams, compensatory mitigation will be required since that is a direct impact from road
ceestn�ction activities. � I iA NCAC 02H.0$06(b;(3) and (c)(3)]
25. E��sion and se:iiment contro; practices must be in fuii cur,ipliance witi alj sp.cificatiuns governiag [he proper desian,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards [ I SA NCAC 02H.0506(b)(3) and (c)(3)]:
a. :he cresion nn� sediment con±rol ��ieasures io� the projecr rnn;t be desipicd.. installed, opzrated, aaci
maintained in accordance �+id� the most recent version o[ the Nnrth Cn; olinn ,Sedrment arrcl Erosien
Can; �I PI<:nnirtg a!;d Ds�'i�r, Munual.
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
Carolrna Sediment and F.rosion Contro! Manual. The devices shall 6e maintainad on all construction
sites, borrow sites, and waste pile (spoil) projects, including conhactorowned or leased borrow pits
associated with the project.
c. For bonow 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
dlr•nual.
d. The reclama:ion measw es and impiementation must comply with the reclamation in accordance with thz
requirements of the Sedimentation Pollution Control Act.
26. Sediment and erosion control measures shall r.ot be placed in wetlands or waters unless otherwisa approved by this
Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
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 AdminisYrative hearings. Yeu must fiie the petition
with the nffice of Administrative He�rings 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 normal office hours. The Oftice of
Administrative Hearings accepkc filings blonday through Friday between the honrs of R;OOam and S:OOpm, excapt
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 Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Ra�eigh, NC 27694-E71h
Telephone: (919) 431-3000, Facsimile: (919} 431-310U
A copy of the petition must also be served un DEQ as follows:
Mr. Sam M.Hayes, General Counsel
Depaztment of Environmental Quality
1601 Mail Service Cenker
This letter completes the review of the Divisio� of Watzr Resources under Section 401 of the Clea� Wate: Act. If you
havz any questions, please contact Rob Ridings at 919-707-3786.
Sincerely, �
C ��c,
, ,
S. a immerman, Director
Division of Water Resources
Electronic copy only distributioa:
F.ndy Williams, US Army Co:ps of £r.gineers, Ra;eigh Field Uffice
Art King, Division 8 Environmental Officer
File Copy
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En viron me�t taf
QualiCy
NfDWR i'ruject No.:
Applica�t:
Pro�ect Name:
Dsla of Icsuacce nf d01 Wa;er (luali;y Certitic�tioe:
Count!':
KOY COOI'I;R
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Nna in�� s. iu:c;AN
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S. JAl' ZIMMGRMAN
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Cer[i�cntQ of Conzpletioe
Upon completi�n of all work apnroved within thz 401 Wate� Quality Czriification or applicable I3ufter Rule-s, and
ar.y subszquent modifcations, die applicant is reuuired to relurn ihis certificafe to ihe 40I Tra:isoortatior Fermrtting
Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Cen[er, Raleikh, NC, 27699-16U. "Chis lorm
mny be returiied ta NCDWR by the applicani, tha auplicant's aulhurized agent, m- the prc�iect aneinear. li is not
necessary to send certificates from all ofthese.
�pplicrrnYs Certiftrn[iorz
I, _, hereby stale that, lo lhe besl of my abilities, due care and diligence
was used in the observation of the construction such that the constivction was observed to be built wilhin subslantial
eompliance and intent oY the 401 Water Qu.lifty Certification and Buffer RuLes, the approved plans and
specifications, and otlier supporling materi�is.
Sign;tture: I)ate:
Age;rYs f erlifi.a;imt
1, , hzreby statc that, tc [he bes[ of my abili[ies, due care and diligence
was used in the obse�vation of the cons[ruction such that tha construction was observed to be built within subs[antial
compiiance and inient of fhe dG! W'aicr Qua;ip� Certifica(um anu But�fer Rules, (lie acp:nved Glans nrd
specitica[ions. and other cunportin� m�terinls.
Sigrature:
F.ngineer's Cerlijicntiai
Par.ial
F'inal
Date:
� , as a d�.ily �egisn_red Professionll Engireer ir, the St;�ce ofNorth
Carolii;a, having been authorized to observc (periodica!ly, weckly�, Cull timc) the cons[ruction ufthe project for tl��c
Permittee hereby staie thal, ro the best of my abiliUcs, due care and diligence was used in the observation ot the
consu�uc�iu�i such ti7at the cunslruc[ion w�s observed tu L'e huilt within ;ubst�ntinl coropliance and inteut oPthe d01
R'aler Quality Certiticatior ar,d BuRcr Kides, thc approti�ed plans and specitications, and other supportirg materials.
Signature -_-- — RegisirTion Na..---- —__ _.-
Dalc
'"No[hin9 Care�pares'-_
Si2[r o(N,irO'i [2inliqa'� Fna�:ormcc:�i qoelo-y
lol i l4ail Scrv�cc icnla'i Railrigit ivo�th �uiolina [7GSY-ISI7