HomeMy WebLinkAbout20170393 Ver 1_Approval Letter_20170421��, s a�� , . �..
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Envir'onntenta!
Quality
ROY COOPER
Gorernur
MICHAFL S. REGAN
Jerrr��nr
S. dAY ZIMMERMAN
rn,����v�„�
April2l, 2017
Orenge County
NCDW R Project No. 20170393
Bridge 189 on SR I I 14
WI3S Eleiuent 17dP.7.R.9R
APPROVAL JORDAN LAKG WATERSHED BUFFER AUTHORlZAT10N with ADUITIONAL
CONDITIONS
Mr. J.M. Mills, P.E., Division Eugineer
NCDOT, Division 7
P.O. Box 14996
Greensboro, NC 27415
Dear Mr. Mills:
You have our approval, in accordance wi[h thc condilions listed below, for [he following impacts for replacing
Bridge 189 with a new brid�c over Cane Creek in Oran�.e County:
Jordan Lnkc W�tershed Ri arian Bidfer In
Zone 1
iiiinus = Zonc 1 Buffer
Zone I Zone 2
Site Impact N'<<lands Buffers (not Mitigation �ip�acf
s ft 1° Zone I �veflands) Required s ft
� q � (sq ft) (sq ft) (using 3:1 � q �
ratio)
I 1,412 - - - 633
'ntals I.J12 - - - 633
"futal Quffer Impact fm� Projech 2,OJ5 sry ft.
minns = Zm�e 2 Zone 2 Buffer
Wetlands Buffers(not Mi[iQalion
in Zone 2 wetlands) �tequired
(sy ft) (sq fQ ���sing L5:]
ratio)
The project sh�ll be construcred in accordance wifh your application dated received March 28, 2017. Atter
reviewing qow� Tpplicalion, we have decided thal lhesc impacls are covered by General Water Quali[y Certifica[ion
Number 4085. This appruv8l is also valid 1br Ihe Jordan Lake Watershed Riparian Buffer Rules (I �A NCAC
2B.0267). In addilion, you shouW acquire any other federal, stale or local permits before you proceed with yom
project including (but not limiled lo) Sedimenl and l:rosion Conlrol, Non-Disch[u'ge �nd Wa[er Supply Watershed
regulations.
This approval is' valid solely for the pw�pose nnd dcsign described in your applica[ion (unless moditied below).
Shoidd your project change, yuu must notify �hc NCDW R and submit a new application. If [he prope�Ty is sold, lhe
new owner must be given a copy of [his Ccrtilication and approv�l lefter, and is [hereby responsiblc for coinplying
�vi[h all lhe conditions. If total wetland tills lor this project (now or in dte futurc) exceed one acre, or of rotal
impac[s [o streams (now or in the future) esceed I50 linear feet, compensatory mitigalion may be required as
deseribed in 15A NCAC 2H .0506 (h) (6) and (7). Addilional bufFer impacts may require compensatory mitigation
as described in I SA NCAC 2f3 .0267. F'or [his approv2l to remain valid, you mus[ a�here lo the conditions lis[ed in
the attached certification(s) and any a�ditional conditions listed below.
'�Notl3ing (.:ntn��are•� .. ..
State ol'Nonh Cnrolina � tnvuonmcn�al Qualiiy
1GI7 Mail Sen�ice Centcr I Raleieh. North Carolina 27(99-1617
Condition(s) of Certification:
Project Specific Conditions
1. As a condition of this Water Quality Certification, the 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. The permittee shall use Design Standards in Sensitive Watersheds in areas draining to WS-II and HQW waters
and shall be in compliance with their NPDES Permit NCS000250, including the applicable requirements of
NCGO10000. Please note the extra protections for the sensitive watersheds. (15A NCAC 4B.0124[a]-[e])
3. Bridge deck drains shall not discharge directly into the s[ream. 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 NCS000025Q 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 ISA NCAC 02H
0506(b)(5)]
4. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written
approval from the NCDWR first [15A NCAC 02H.0506(b)(2)]
5. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters.
This water shall be captured, treated, and disposed ofproperly. [15A NCAC 02H .0506(b)(3)
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.
( i 5A 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 I 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
Nu[rient Strategy (15A NCACO2B .0267). The NCDOT shall coordinate with the NCDWR prior to submitting a
modification request to determine the applicability of the Jordan Water Suppty 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.
10. 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)]
I 1. The stream channel shall be excavated no deeper than the natural bed material of the sreeam, to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation
responsible for main[aining 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)j
General Conditions
I. Unless otherwise approved in this certification, placement of culverts and other strucmres 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 s[rucwres. 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 feaWres encountered during construction,
please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification
will be required. [ISA NCAC 02H.0506(b)(2)]
2. If concrete is used during consreuction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertentty 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 sreeam 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 struc[ures 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 wa[ers 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)]
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)]
1 I. Discharging hydroseed mixtures and washing out hydroseeders and otherequipment in or adjacent to surface waters
is prohibited. [ISA 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 ]aws
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. [ISA 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 CeRification shall be maintained on the construction site always. [n addition, the
Water Quality Certification and al] subsequent modifications, ifany, shall be maintained with the Division Engineer
and Ihe on-site project managec [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. [ISA NCAC 02H.0501
and.0502]
16. The issuance of this certification does not exempt the Permittee from complying with all statutes, rules, regulations,
or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) havingjurisdiction,
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 rewrn the enclosed "Certification of Completion Fonn° to notify the
NCDWR when all work included in the Buffer 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 aceess roads to waste or bortow 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 to protect surface waters
s[andards [15A NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment contro] measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the Norrh 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 Carolrna
Sediment and Erosron 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.
a 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)j
[f 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 sixty (60) days of receipt of this notice. A petition is wnsidered
filed when it is received in the oftice of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through 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
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
Raleigh, NC 27699-6714
Telephone:(9l9)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
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources. If you have any questions, please contact Dave
Wanucha at (336)776-9703 or Dave.Wanucha@ncdencgov.
Sincerely,
�' �/� ��
S. J Zimmerman, Director
Division of Water Resources
Electronic copy only distribution:
Dave Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerzy Parker, Division 7 Environmental Officer
Nicole Thomson, Division 7 Environmental Assistant
Travis Wilson, NC Wildlife Resources Commission
Dave Wanucha, NC Division of Water Resources Winston Salem Regional Office
File Copy
,! y 1
s'��
Environmental
Qualrty
NCDWR Project No.:
Applicant: _
Piroject Name:
Date of Issunnce oP Water Quality Cerlitication: _
County:
ROY COOPER
(iorrrnur
MICHAIiL S. REGAN
.seri�ean.r
S. JAY ZIMMERMAN
u;,�<��i���
Certificatc of Complction
Upon completion ot all work approved wi[hin [he W�Ier Quality Ce�titication or npplicablc Buffer Rulcs, and any
subsequenl modificalions, the �jpplicant is mquired to «lurn Ihis certiticate to die 401 Transpor[ation Pcrmitting
Unit, North C�rolina Division of Watcr Rcsow�ces. 1617 Mail Service Center, Raleigh, NC, 27699-IC 17. This form
may be rc[urned to NCDWR by Ihe applic�nt, the applican['s authorized agent, m• Ihe pro,jec[ engineer. It is not
necessary to send certificates from all of these.
i�ppNcnnPs Cer!lficntion
�, , hereby stnte that, [o tl�e best ol'my abili[ies, due care and diligence
was used in [he observatioo of the construction such [hat lhe constructiou was observed to be built within substan[ial
compliance and in[ent of lhe Water Qunlity Cerlifica�ion and Buffer Rulzs, thc approved pl�ns and specitications.
and other su��porting materials.
Sienatm�e: Dare:
Age1�Ys Cerlifrrnlrnn
�, , hereby state tliat, to the best of my abilities, due care and diligence
was used in the observation of Ihe construction such �hat Ihe construction was observcd to be built wilhin subst�ntial
Compliance and intent of the Water Quality Certification and Ruffer Rules, the approved plans and specifications,
and other supporting malerials.
Signanu'e: Da[e:
Engineer's Cerlircr�linn
Pariial Final
�, , as a dulY registered Professional Gnginccr in the S[ate of North
Carolina, having lieen authorized to obscrve (periodically, weekly, full time)!he consU'uc�ion ofthe project for [he
Pcrmittee hereby stale tliat, lo the best of my abilities, due carc and dili�encc was uscd in the obscrvation of the
cons�ruction such ihaL the consh'uelion was observed to be built within substantial compliance �nd intent of �he
W�ter Quality Certification and I3uffer Rules, the approved plans and specificrtions, and other supportin� mnterials.
Signature
D2te
Registration No.
'"Nolhiiu)C'nmparr•� . _
Slarc ol North Carolina I Environmtmal Quolity
1617 Nluil Sccvicz Czntrr I Ralclgh. Nonh Carnitna 2 7699-1 61 7