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HomeMy WebLinkAbout20170186 Ver 1_Approval Letter_20170302Envrronmen tcd Quafity ROY COOPER con•rrtor MICHAEL S. REGAN �.-rrrrarrr S. JAY ZIMMERMAN nr,,<«,� March 3, 2017 Guilford County NCDWR Project No. 20170186 Bridge ? 10 on SR 3124 WBS Element 176P.7.R.90 APPROVAL oT4Ut WATER QUAWTY CERTIFICATION and JORDAN LAKE WATERSHED BUFFER AUTHORIZ.4TION with ADDITIONAL CONDITIONS Mr. J.M. Mills, P.E., Division Engineer NCDOT, Division 7 P.O. Box 14996 Greensboro, NC 27415 Dear Mr. Mills: You have our approval, in accordance with the conditions listed below, for (he following impacts for the purpose of replacing Bridge 210 with a new bridge over Little Alamance Creek in Guilford County: Site Totals Fill (ac) <0.01 <0.01 Wetland Im acts in the � Fill Excavation (temporary) (ac) Temporary Fill in Perennial S[ream Site (linear ft) rals - Mechanized Hand Clearing Total Wetland Clearing(ac) (ac) Impact(ac) <0.01 - <0.02 I - i ��.� � i - Total Wetland Impact for Project <0.02 acres. Stream Im ac[s in the Ca e Fear River Basin Permanent Temporary Permanent Fill in Fill in Fill in Perennial Stream Intermitten[ Intermittent (linenr R) Stream Stream Riprap Stabilization 46 Total Stream Impact for Project: 46 linear feet. �'Nothin9 Compares -- . Stafe of North Carolina I Emironmental Qual iry I6I7 Mad Service Center I Raleigh. Nonh Carolina 27699-1617 <0.02 Total S[ream Stream �mpncts Impact Kequiring (linear R) Mitigation (linear ft) � e Jordan Lake Watershed Ri arian Buffer Im acts Zone 1 minus = Zone 1 Buffer minus = Zone 2 Zone 2 Buffer Zone 1 Zone 2 Mitigation Wetlands Buffers (not Mitigation Wetlands Buffers (not Site Impact Impact Required (sq ft) �n Zone 1 wetlands) Required �sq ft) �n Zone 2 wetlands) (using 1.5:1 (sq ft) (sq ft) (using 3:1 (sq ft) (sq ft) ratio) ratio 1 Brid e 2,914 - - - - - - - 1 Road 2,207 - - - 2,899 - - - 1 Utilities 1,386 927 Totals 6,507 - - - 3,826 - - - Total Buffer Impact for Project: 10,333 square feet. The project shall be constructed in accordance with your application dated received February 14, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3883. This certification corresponds to Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Jordan Lake Watershed Riparian Buffer Rules (15A NCAC 2B.0267). 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-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 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 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 1501inear 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 .0267. For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. Condition(s) of Certification: Project Specific Conditions 1. 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 Practices for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 2. The post-construction removal of any temporary bridge structures 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) 3. 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 NCS000250 please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 4. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. (15A NCAC 2B.0267) 5. 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 constructioa Q SA NCAC 2B.0267) 6. Pursuant to 15A NCAC 2B .0267, sediment and erosion control devices shall not be placed in Zone 1 of any Jordan Lake Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and erosion control devices in Zone l, ouuide of the approved project impacu, anywhere on this project. Moreover, sediment and erosion conhol devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that dischazge is released as diffuse flow. 7. Any modifications to this 401 Water Quality Certification that propose additional stream impacts or increased impervious surface requiring additional stortnwater management may be subject the Jordan Water Supply Nutrient Strategy (15A NCACO2B .0267). The NCDOT shall coordinate with the NCDWR prior [o submitting a modification request to determine the applicability of the Jordan Water Supply Nutrient Strategy. This condition does not apply to major modifications for additional sections of the project that were covered under the Finding of No Significant Impact or approved in the Avoidance and Minimization stage of the project. General Conditions 1. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the sheambed by one foot for all culverts with a diameter geater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion wntrol measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above sWctures. The applicant is requ'ved to provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this wndition is unable to be met due to bedrock or other limiting features encountered during conswction, please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact be[ween 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. [15A NCAC 02B.0200] 3. 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(bx2)] 4. The dimension, pattem 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. [ISA NCAC 02H.0506(bx2)] 5. The use of rip-rap above the Normal High Wa[er Mazk 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.0506(bx2)] 6. The Permittee shall ensure that the final design drawings adhere to the percnit and to the permit drawings submitted for approvaL [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 7. All work in or adjacent to stream waters shall be conducted in a dry work azea. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion slructures shall be used to prevent excavation in flowing watec [15A NCAC 02H.0506(bx3) and (cx3)] 8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the inhoduc[ion of other pollutanu into the stream. [ I SA NCAC 02H.0506(bx3)] 9. 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. [15A NCAC 02H.0506(bx3)] 10. 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)] 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 12. 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 the NCDWR 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, the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise autharized by this certification. [15A NCAC 02H.0506(b)(2)] 14. 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)] 15. 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 by this certification. [15A NCAC 02H.0501 and .0502] 16. 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. 17. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer (or appointee) shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502( fl] 19. Native riparian vegetation 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 NCAC 02B.0267(10)] 20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit 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. [15A NCAC 02H.0506(b)(3) and (c)(3)] 21. 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 [15A NCAC 02H.0506(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. 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. c. For borrow pit sites, the erosion and sediment control measures must be designed, insqlled, operated, and maintained in accordance with the most recent version of the North Carolina Surface Minrng Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 22. 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 Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday Uvough Friday between the hours of S:OOam and S:OOpm, except for official state holidays. The original and one (1) copy ofthe 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 [he Office of Administrative Hearings within five (5) business days following the faxed Vansmission. The mailing address for [he Office of Administrative Hearings is: Office of Administrative 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 Departrnent of Environmental Quality 1601 Mail Service Center T'his 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 Dave Wanucha at (336)776-9703 or Dave.Wanucha@ncdenr.gov. Sincerely, � O''V S. Ja Zimmerman, irector Division of Water Resources Electronic copy only distribution: Dave Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Parker, Division 7 Environmental Officer Nicole Thomson, Division 7 Env'vonmental Assistant Travis Wilson, NC Wildlife Resources Commission File Copy Environmer2ta! Quality NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: ROY COOPER <«,����,,,o�� MICHAEL S. REGAN s,�c ��rnn�r S. JAY ZIMMERMAN nr��,-�,"�� Cer[ifica[e of Completion Upon completion of all worh approved within [he d01 Water Quality Certification or applicable Bufler Rules, and any subsequent modifications, the applican[ is required to return this cenificate to the 401 Transportation Permittine Unit, North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-161Z This form may be retumed to NCDWR by the applicant, the applicant's authorized agent, or the project engineec It is not necessary to send certiticates from all of these. App(icunl's Cerlificulion 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 constniction was observed ro be built within substantial compliance and intent of the 401 Water Qualiry Certifica[ion 3nd Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: AgertPs Certifieatinii Date: 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 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 supportine materials. SiQnature: Date: Eiigineer's Cerlificulion Partial Final I, , as a duly reeistered Professional Enoineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) 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 ofthe construction such that the construction was observed to be built within substantial compliance and intent ofthe 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportina materials. Sianature Date Re��istration No. �'Nothiny Compares , Sta[c of Nonh Carolina I Environmcntal Quality 1617 Mail Szrvice Cenier I Raleigh. North Carolina 27699-1617