HomeMy WebLinkAbout20170220 Ver 1_Approval Letter_20170309Environmenial
Qualiry
ROY COOPER
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MICHAEL S. REGAN
S,�.v�ea�n�r
S. JAY ZIMMERMAN
Un error
March 9, 2017
Guilford County
NCD W R Project No. 20170220
Bridge 379 on SR 2715
WBS Element 176P.7.R.87
APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN LAKE WATERSHED BUFFER
AUTHORIZATION 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 the following impacts for the purpose of
replacing Bridge 379 on Busick Quarty Road wi[h a triple-barrel reinforced concrete box culvert (RCBC) in a UT to
Reedy Fork in Guilford County:
Si[e
�
Totals
Site
Stream Imoacts in [he
Temporary Fill in Permanen[ Fill in
Perennial Stream Perennial Stream
Qinear k) (linear ft)
Dewater I Culvert I Bank
Stabilization
� e Fear River Basin
Permanent Temporery
Fill in Fill in
Intermitten[ Intermit[ent
Stream Strcam
i �� i o� i i
Total Stream Impact for Project: 155 linear feet.
Jordan Lake Watershed Ri
Zone 1
Zone 1 mii�us = Zone 1 Buffer
Impact Wetlands Buffers (not Mitiga[ion
(sq ft) in Zone i wetlands) Required
(sq ft) (sq R) (using 3:1
Buffer Im acts
Zone 2 �Y1O7u.s
Impact N'etlands
(sq ft) �n Zone 2
(sq tt)
1 1 d"1 _
- i - i - � �,
Total Buffer Impact for Project: 4,817 square feet.
— �'Nothing Compares' — �.
State of North Carolina � Environmen�al Qualit}'
1617 Mail Service Canter I Raleigh. North Carolina 27699-1617
Total Stream
Stream �mpacts
Impact Requiring
(linear ft) Mitiga[ion
Qinear f[)
I55 -
I55 -
= Zone 2 Zone 2 BuPfer
Buffers (not Mitiga[ion
wetlands) Required
(sq ft) �using I.5:1
ratio)
The project shall be constructed in accordance with your application dated received February 21, 2017. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3886. This certification corresponds to Nationwide Permit 14 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, bridge demolition 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. Barrels shall be designed to mimic natural stream cross section as closely as possible including pipes or
barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be
avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
[15A NCAC 02H.0506(b)(2)]
3. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized
and installed. [15A NCAC 02H.0506(b)(2)]
4. For the ten linear feet of streams being impacted due to site dewatering activities, the site shall be graded
to its preconstruction contours and revegetated with appropriate native species. [15A NCAC
02H.0506(b)(2)]
5. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to
vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]
6. 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)
7. 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. (15A NCAC 2B.0267)
8. 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 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.
9. Any modifications to this 401 Water Quality Certification that propose additional stream impacts or
increased impervious surface requiring additional stormwater management may be subject the Jordan Water
Supply Nutrient Strategy (15A NCACO2B .0267). The NCDOT shall coordinate with the NCDWR priar to
submitting a modification request to determine the applicability of the Jordan Water Supply Nutrient
Strategy.
General Conditions
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 streambed by one foot for all culverts with a diameter
greater 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 control 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 structures. The applicant is required to provide evidence that the equilibrium is being maintained if
requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting
features encountered during construction, 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
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. [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(b)(2)]
4. 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. [15A NCAC
02H.0506(b)(2)] '
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. [15A NCAC 02H.0506(b)(2)]
6. 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)]
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version of NCDOT Construction and Maintenance Activities manual such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. 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. [15A NCAC
02H.0506(b)(3)] �
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(b)(3)]
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
authorized 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 "Certiftcation of Completion Form"
to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
02H.0502(�]
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, 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 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 (c)(3)]
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 fortn from the office of Administrative hearings. 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 Heazings during normal office hours. The Office of
AdminishaNve Heazings accepu filings Monday flvough Friday between the hours of 8: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
Adminishative Hearings.
T'he 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 Vansmission.
The mailing address for the 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
Deparhnent of Env'vonmental Quality
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 Dave Wanucha at (336)776-9703 or Dave. Wanucha@ncdenr.gov.
Sincerely,
�(i`�—
S. J immerman, 'vector
Divisian of Water Resources
Electronic copy only distribution:
Dave Bailey, US Artny Corps of Engineers, Raleigh Field Office
Jerry Pazker, Division 7 Endvanmental Officer
Nicole Thomson, Division 7 Env'vonmental Assistant
Travis Wilson, NC Wildlife Resources Commission
File Copy
Environmental
Quality
NCDWR Project No.:
Applicant:
Project Name:
Da[e of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
c;,���a,�,,,,,�
MICHAEL S. REGAN
�rrrrmrr
S. JAY ZIMMERMAN
u;,�,•<�m��
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required ro retum this certificare to the 401 Transportation Permitting
Uni[, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be retumed [o NCDWR by [he applicant, the applican['s authorized agen[, or the project engineer. I[ is no[
necessary to send certificates from all ofthese.
.Applicant's Cerlifrca�inn
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 to be built within substantial
compliance and intent of the 40I Water Qualiry Certification and BuFfer Rules, the approved plans and
specifica[ions, and other supporting materials.
Signamre: Date:
Agen('s Cenifieu(inn
I, , hereby state tha[, to [he bes[ 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 intent of the 401 Water Quality Certifica[ion and Buffer Rules, the approved plans and
specifications, and other supporting macerials.
Signature:
Eiigineer's Cer�ificalion
Partial Final
1, , as a duly registered Professional Engineer 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 die observafion of the
construction such that the construction was observed ro be built within substantial compliance and intent of the 401
Warer Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Si�na[ure
Date
Registra[ion No.
- ` �'Nothing Compares =-�
Stare of Nonh Carolina I Envvonmental Qualiry
1617 Mail Service Center I Raleigh, North Carolina 27699-1617