HomeMy WebLinkAbout20170564 Ver 1_Approval Letter_20170522Environmen ta!
Quality
ROY COOPER
Goren,or
MICHAEL S. REGAN
Srcrerurr
S. JAY ZIMMERMAN
nr.«v�„
May 22, 2017
Alamance County
NCDW R Project No. 20170564
Bridge 44 on SR 1768
BRZ-1768(3); TIP B-5350
WBS 46064.1.1
APPROVAL ofJORDAN LAKE WATERSHED BUFFER AUTHORIZATION with ADDITIONAL
CONDITIONS
Mr. Philip S. Harris III
NCDOT, Natural Environment Section Head
1598 MSC
Raleigh, NC 27699
Dear Mr. Harris:
You have our approval, in accordance wi[h the conditions lis[ed below, for [he following impac[s for replacing
Bridge 44 with a new 6ridge over Jordan Creek on Hughes Mill Road (SR 1768) in Alamance County:
Site
I
Totals
Temporary Fill in
Perennial Stream
Site (linear fry
�9�� _
Zone I mii�us
Impact Wetlands
(sq Ct) �n Zone t
(sq f[)
ream Impacts in
Permanent Fill in
Perennial Stream
pincar ft)
�a e Fear River Basin
Permanen[ Temporary
Fill in Fill in
Intermittent Intermittent
Stream Stream
Total Stream Impact for Project: 0 linear feet.
Zone 1
= Zone 1 Buffer
Buffers (no[ Mitigatiun
we[lands) Required
(sq ft) (using 3:1
ratio
r
e
Zone 2 mi�rrrs
Impact �'etlands
(sq ft) �n Zone 2
(sq ft)
- - i - wn
Total Buffer Impact for Project: 3,672 square feet.
State ot Nonh Carolina I Emironmental Quality
I617 Mail Servire Center I Raleigh. Nonh Carolina 27699-1617
'fotal Stream
Stream Impacts
Impact Requiring
(linear ft) Mitigation
Qinear ft)
0
e
= Zone 2 Zone 2 Buffer
Buffers (not Mitiga[ion
wetlands) Required
(sq ft) (using 1.5:1
ratio)
T'he project shall be constructed in accordance with your application dated received May 5, 2017. 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 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 300 linear 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. The permittee shall use Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[a]-[e]) in areas
draining to WS-II and HQW waters. NCDOT shall be in compliance with NCS0000250 issued to NCDOT,
including the applicable requirements of NCGO 10000.
6. 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) ,
7. 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.
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 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 Certification shall be maintained on the construction site always. In addition, the 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 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 Di�ision 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 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, 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
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 Heazings within five (5) business days following the fa7ced 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. Bill Lane, General Counsel
Departrnent 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 wntact April Norton at (919)707-91 l I or AprilNorton@ncdenr.gov.
Sincerel�
� ,
s''
S. Ja immertnan, D ector
Division of Water Resources
Electronic copy only distribution:
Dave Bailey, US Artny Corps of Engineers, Raleigh Field O�ce
Jerry Pazker, Division 7 Env'vonmental Officer
Nicole T'homson, Division 7 Environmental Assistant
Travis Wilson, NC Wildlife Resources Commission
James Mason, NCDOT
April Norton, NCDWR
File Copy
Environrltc:n tal
Quality
NCDWR Project No.:
Applicant
Project Name:
Date of Issuance ot Buffer Certification:
County:
ROY COOPER
C;orrrnnr
MICHAEL S. REGAN
1r<�irnn�:
S. JAY ZIMMERMAN
�n��-<,�,r
Certifica[e of Completion
Upon completion of all work approved wi[hin [he Buffer Certification and applicable Bufier Rules, and any
subsequent modifica[ions, the applicant is required to retam [his certifica[e lo [he 401 Transportation Permit[ino
Unit, North Carolina Division of Water Resources. 1617 Mail Service Center, Raleigh. NC. 27699-1617. This form
may be retumed to NCDWR b�� the applicant the applican['s authorized agent, or the project engineer. It is not
necessaryto send certiticates from all ofthese.
.4pplicm�Ps Cer(ifrcalion
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 ofthe Certification and Buffer Rules, the approved plans and specifications, and other
supponing materials.
Signature: Date:
.Agenl's Cerlification
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 Certification and Buffer Rules, the approved plans and specificatiuns, and other
supportin� materials.
Sianature:
EnKineer's Cerlifrcnlion
Panial
Final
Date:
I, , as a duly registered Professional Engineer in the S[ate of North
Carolina, having been authorized to observe (periodically, weekl}'. full time) the construction of the project for [he
Permittee 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 [o be buil[ within substantial compliance and intent of the
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signa[ure
Date
Registration No.
Siate ol North Carolina I Em'vonmtntal Qua6ly
I bI7 Mail Servicc Center I Raleigh. North Carolina 2 7699-16 1 7