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Home My WebLink About20140322 Ver 2_Approval Letter_20170706Environmen ta! Qualiry ROY COOPER Gn�'ernor' MtCHAEL S. REGAN srnx�i��rr S. lAY ZIMMERMAN n�,��,� July 6,2017 Bertie County DWR Project No. 20140322 v.2 Brid�e No. 23 RENEWAL of d01 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Clay Willis NCDOT, Division One 1 13 Airport Drive, Suite 100 Edenton. NC 27932 Dear Mc Willis: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridee Number?3 over Chinkapin Swamp on SR 1328 (Buncomb Rd) in Bertie County: Wetland and Stream Impacts in the Chowan River Basin Si[e Number �'�'etland Fill Stream ac linear ft Bridge 23 0.02 105 This is a renewal of [he original Water Quality Certifica[ion dated July 10, 2014 tha[ had expired along with [he correspondin� Corps of Eneineers 404 pemiit. The project shall be constructed in accordance wi[h your original application da[ed received April 3, 2014 and additional information dated received June 16, 2014. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4085. This cenifica[ion corresponds to the Natiomvide Permit 3 issued by the Corps of Engineers. In addition, you should acquire any o[her federal, s[ate or Iocal permi[s before you proceed wi[h your projec[ including (bu[ no[ limited to) Sediment and Erosion Control, Noo-Discharge and Water Supply Watershed reoulations. This approval will expire with the accompanyi�g 404 pemti[. This approval is valid solely for the purpose and desi�n described in your applica[ion (unless modified below). Sh<�uld your project change, you must notify the DW R and submi[ a new applica[ion. If the property is sold, [he 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 projec[ (now or in [he fu[ure) ezceed one acre, or of total impacts to streams (now or in the future) esceed I50 linear feet, compensa[ory mi[iea[ion may be required as described in 1 iA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere [o [he conditions listed in the attached cenification. Condition(s) of Certification: 1. The issuance of this certitication 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 but%r rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 2. 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 I SA NCAC 02H .0506 (b)(2) and (c)(2)] - �NothingCompares —� State of North Carolina � Environmen[al Quality 1617 Mail Serna Center I Raleigh, North Carolina 2 7699-1 61 7 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. [15A 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., ar protected riparian buffers. [15A NCAC 02H.0506(b)(2)] 6. 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)] 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 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. 9. 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)] 10. 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. [15A NCAC 02B.0224, .0225] 11. All f 11 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)] 12. 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)] 13. The use of rip-rap above the Nortnal 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)] 14. 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)] 15. 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 NCS0000250, 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)] 16. 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)] 17. 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)] 18. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel, on the stream 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) 19. 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)] 20. 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)] 21. 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)] 22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 23. 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] 24. The Permittee shall report ariy violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 25. 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(fj] . 26. 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)] 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 o�ce 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. ' 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 fa�ced hansmission. 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 Department of Environmental Quality 1601 Mail Service Center 1'his 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�I46-6481or garcy.wazd@ncdenr.gov. incerely� � ��u/�` �� S. Jay Zimmerman,' Director Division of Water Resources Electronic copy only distribution: Kyle Barnes, US Army Corps of Engineers, Washington Field Office Clay Willis, Division 1 Environmental Officer Greg Daisey, Division of Coastal Management Garcy Wazd, NC Division of Water Resources Washington Regional Office File Copy En vironmen tal Quality NCDWR Projec[ No.: Applican[: Project Name: Date of Issuance of 401 Water Quality Certification: Countv: ROY COOPER Gorernor MICHAEL 5. REGAN .secrc•rw�,- S. JAY ZIMMERMAN ut,�«��,� 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 m return this certificate to the 401 "Pransportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleieh, NC, 27699-1617. This form may be re[urned to NCDWR by Ihe applicant, the applicant's au[horized agent, or [he projec[ engineer. It is no[ necessarv to send certificates from all of these. ,4pplicawt's Certificulion 1, , hereby state that, to the best of my abilities, due care and dili�ence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Si�na[ure: Date: AgenJ's Certification 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 substan[ial compliance and in[en[ of the 401 Water Quality Certifica[ion and Buffer Rules. [he approved plans and specifications, and other supporting materials. Signature: Engi�ieer's Cerlificafimr Partial Final L , as a duly re2istered Professional Engineer in the Sta[e of North Carolina, having been authorized to observe (periodically, weekly, full time) [he conshuction of the project for Ihe Permittee hereby sta[e [ha[, to [he best of my abilities, due care and diligence was used in [he observa[ion of [he construc[ion such thal the construction was observed [o be built wi[hin substantial compliance and intent of [he 401 Water Qualiry Certitication and Buffer Rules, the approved plans and specifications, and other supponing materials. Signature Date Registration No. -'"Nothing Compares =- � State of North Camlina I Environmental Qunliry 1617 Mail Servicc Czmzr I Ralzigh. North CamGna 27699-1617