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HomeMy WebLinkAbout20170179 Ver 1_Approval Letter_20170224r *; � "y i-- Environmental Qualilq ROY C(�OPER �. ,�.,, Miciinri,� a�.anN , .,:,,,� S. JAY ZIMMGRMAN i��,;. �,•,� 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 �� c'-�, is.is.. ' �:,n� �^ «:: i ' _ 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 � ;, ����.,-;,,-� � Nna in�� s. iu:c;AN � �a,,,� S. JAl' ZIMMGRMAN n:,,..��. 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