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HomeMy WebLinkAbout20170393 Ver 1_Approval Letter_20170421��, s a�� , . �.. � �, 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