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Home My WebLink About20170402 Ver 1_Approval Letter_20170421E'nvironmentul QUQ�(ty ROY COOPCR Gurrruor MICHA[sL S. REGAN .Src�rtim�i' S. JAY ZIMMERMAN nM,�erar nn��i?i,zoi� Qeaufurt County NCDWR Project No. 20170402 6ridge No. 88 on SR 1414 W6S Element No. 17I3P.2.R.75 APPROVAL of 401 WATER QUAWTY CF,RTIFICATION and TAR-PAMLICO I3UI'FF,R AUTHORIZATION with ADDITIONAL CONDITIONS Mr. Hon Yeung, P.E. NCDOT, Division 2 P.O. Box 1584 Greenville, NC 27835 Dear Mr. Yeung: You have ow approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge No. 88 over Horsepen Swamp on SR 1414 (Horsepen Swamp Rd) in Beauforl County: Sile 88 Quffcr Zone I t3uffcr Zonc 2 (sq fl) (sq ft) 1756 1352 3. I 08 Wetlands Fill 0.03 WeYlaands Wetlands Mechanized Hand Clearing Clearin ac) (ac 0.02 <0.01 0.06 1'he project shall be coustructed in accordance with your applica�ion dated received April >, 2017 and additional information received April 21, 2017. After reviewing your application, we have decicJed that these impacts are covered by Gencral Wa�er Quali[y Certificalion Number 4085. This cetYiticn�ion corres��onds to lhe Natiomvide Permit 3 issued by thc Corps of En�ineers. 'Chis apUroval is also valid for fhe ��ar-Pamlico Riparian Buffcr Rules (I5� NCAC 26.0259). In addition, you should acquire any other federal, state or local permits before you procced wi[h your project includin� (but not limited to) Sediment end Erosion Control, Non-Discharge and Water Sup�ly Wa�ershed regulations. l'his approval will e�pire with �he accompanying 404 pennit. This epproval is valid solely f'or �he purpose and design described in your a�plica[ion (unless moditied below). Shaild yow' project change, yuu nnist nolify the NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and Tpprov�l leirer, �nd is thereby responsible For complying �vilh all lhe conditions. I f lotal weUand Glls for this project (now or in the future) exceed one acre, or of to[al impacts [o streams (now or in lhe future) eaceed I50 linear feet, compensatory mitigation may be required as described in I�A NCAC 2H .0�06 (h) (6) and (7). Additional buffer impacts may require compensa[ory mitigation as described in ISA NCAC 2H.0259. �or �his approval to remain valid, you must ndhere to thc conditions listed in �he attached ccrtillcation(s) and any additional conditions listed below. Condition(s) of Certificalion: Che issuance of this certification dces not eaeinpt the Permittee from complying with any and all stntutes, rules, re�ulations, or ordinances that may be imposed by other �overnment �gencies (i.a local, state, and federal) having jwisdiction, including but not limited io applicable buffer rules, stonnwater mnnagement rules, soil erosion and sedimenlation control requirements, cic. '�Nothiiig(.:nm��arec . . Stnte ol'Nonh Carulina I Eroimnmtnlal Qualily 1617 M.�il Servicr Centa I Raleigh. Nonh Carolin�'_7699-1617 2. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approvaL [ ISA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (b)(2) and (c)(2)] 3. 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. [ISA NCAC 02B.0200] 4. 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] 5. 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. [ l5A NCAC 02H.0506(b)(2)] 6. 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 wnditions [15A NCAC 02H.0506(b)(2)] 7. 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)] 8. 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 s[andards [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 Erosron Contro[ 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. 9. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this CeRification. [15A NCAC 02H.0506(b)(3) and (c)(3)] 10. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3: I, unless otherwise authorized by this certification. [15A NCAC 02H.0506(b)(2)] 1 l. Pursuant to 15A NCAC 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any TarvPamlico 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. 12. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge and entrap small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of native trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [ I SA NCAC 02B.0224, .0225] 13. There shal] 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)] 14. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for sheam 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)] 15. 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 Ac[ivities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 16. Bridge deck drains shall not discharge directty 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 NCS000025Q please refer to the most recent version of the North Carolina Department ofTransportation Stormwater Best Management Practices Toolbox manual for approved measures. [ 15A NCAC 02H .0507(d)(2) and I SA NCAC 02H .0506(b)(5)] 17. Bridge piles and bents shall be consreucted using driven piles (hammer or vibratory) or drilled shaft wnstruction 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)] 18. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. [ 15A NCAC 02H .0506(b)(3)] 19. A mrbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel, on the s[ream bank, or within 5 feet of the top of bank. This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H .0506(b)(3) 20. 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)] 21. 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)] 22. All riparian buffers impacted by the placemen[ 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 transportatioo 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.0233) 23. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. (15A NCAC 2B.0259) 24. New roadside ditches that do not control for nitrogen and attenuate flow before discharging through the riparian buffer are prohibited [15A NCAC 2B.0259(6)] 25. 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.0506(b)(2)] 26. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 27. 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 Sta[e 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] 28. 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)] 29. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer 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(�] 30. 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 l5A NCAC 02H .0506 (b)(2) and (c)(2)] 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 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 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:(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 Department of Environmental 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 Garcy Ward at (252)946-6481or garcy.wazd@ncdenr.gov. Sincerely, C P� �. "V S. Ja Zimmerman, irector Division of Water Resources Electronic copy anly distribution: Tom Steffens, US Army Corps of Engineers, Washington Field Office Jay Johnson, Division 2 Environmental Officer Garcy Ward, NC Division of Water Resources Washington Regional Office File Copy � � � Environmerifa! Quality NCDWR Project No.: County: Applicanh Project Namr. Date o( Issuance of 401 Water Qualit,y CertiPcation: ROY COOPER r,nrrr��a� MICHA�I., S. REGAN .�'e<,rou,r S. JAY ZIMMERMAN i��,��=�m�� Cer[ificale of Cmnpletion Upon completion of all work approved within [he 401 Water Quality Certitication or applicable l3idfer Rules, and �ny subsequent modifications, the applic�n[ is required [o rehu�n this certificate [o Ihe 40l 'ir�nsportation Permilting Unit, North Carolina Division of Water Resources, I617 Mail Service Center, Raleigh, NC, 27699-16I7. This form may be rehirned to NCDWR by the �pplic�nt, the applicant's authorized agent, or the project engineer. It is not necessary to send certiticates from all of [hese. ApplicmN'.s Cer�ificnRoii I, , hereby state that, to the bestof my abilities, due care and diligence was used in the observation of [he construction such thal the construction was observed to be built widiin subs[an[ial compliance and intenl of the 401 Water Quality Ceititication and [3uffer Rules, ihe �pprovecl plans and specifica[ions, and other supporting m�teriTls. Sienature: Dare: ,4genYs Cerlifrcnlia�� I, , hereby stata that, to ihe best of my abilities, due care and diliDence was used in the observation of the conslruction such d�a� the construction was observed to be built within subsYanlial compliance and intent ofthe 401 Waler Quality Certilication and Buffer Rules, the approved plans and specifications, and other supporting materials. Si�itature: E��giueer'.c Cerlircntioa Parlial Final I, , as a duly reoistered PiroCession�l Cngincer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) Ihe construction of Ihe project for fhe Permittec hcreby state thaL to the best of my abilities, due care and diligence was used iu thc obscrvation of the consh'uction such that ihc construclion w�s observed to be buill within substantial compliance and intcnt ol the 401 Water Quality Certifirjtion and Buffer Rules, the approved plans and specifications, �nd olher supporting materials. Signature Da�c Rc�istration No. "�Nat hias9 Cnru�r<u-es - . Sl�lr o(Nonh Carolina I linvironnrenlal Quzlil}' 1 C 17 �7nd Service Crmrr I Rnle�gh. Nonh Cnrol ina'76)9-1617