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Home My WebLink About20171062 Ver 1_Approval Letter_20170829ROY COOPER aorernor MICHAEL S. REGAN Secretarv E'nvironmenfcrl S. JAY ZIMMERMAN QuaUty �r,�e��o,� August 29, 2017 Chatham County NCDW R Project No. 20171062 Bridge 94 on SR 1520 WBS Element 17BP.8.R.124 APPROVAL of JORDAN LAKE WATERSHED BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr. Philip S. Harris. III. P.E., CPM Natural Environmental Sec[ion Head North Carolina Department of Transporta[ion 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Dear Mr. Harris: You have our approval, in accordance with the conditions listed below, for the following impacts for the porpose of replacing Bridge 94 with a new bridge over Dry Creek on Old Graham Road in Chatham County: Jordan Lake Watershed Ri arian Buffer Im acts Zone I Zone 2 Buffer minus = Zone I Buffer mrnus = Zone 2 Zone 1 Zone 2 Mitigation Wetlands Buffers (not Mitigation Wetlands Buffers (not Site Impact �n Zone I wetlands) Required �mpact �n Zone 2 wetlands) Required (sq ft) �sq ft) (sq ft) (using 3:1 �sq ft) �sq ft) (sq ft) ��sing 1.5:1 . , ratio) Totals Total Buffer Impac[ for Project 5,567 syuare fee[. The project shall be constructed in accordance with your application dated and received August 24, 2017. This approval is valid for the Jordan Lake Watershed Riparian Buffer Rules (1 SA 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 re�ulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must no[ify 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 [hereby responsible for complying with all the conditions. If total wetland fllls for this projec[ (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed I50 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 26 .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. ��NothinqC�nm��arcti-� � State ofNonh Carolina I fnvfronmental Quality 1617 Mail Servfce Center I Ralefgh. North Carolina 2 7699-1 6 1 7 Condition(s) of Certi�cation: Project Specific Conditions 1. As a condition of this Riparian Buffer Authorization, 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. 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] 6. 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. 7. Any modifications to this Riparian Buffer Authorization which may propose stream impacts or increased impervious surface requiring additional stormwater management may be subject the Jordan Water Supply Nutrient 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 Supply Nutrient Strategy. 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 fll 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 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)] 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 activ,ities. 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 certifcation 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 buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 17. The Permittee shall report any violations of this cerkification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 18. Upon completion of the projec[ (including any impac[s at associa[ed borzow or was[e 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 401 Certification has been completed. [15A NCAC 02H.0502(�] 19. Native riparian vegeta[ion must be reestablished in the riparian areas wi[hin the cons[ruction limits of the project by the end of the growing season following completion of cons[ruction. [I SA NCAC 02B.0267(10)] 20. There shall be no excavation from, or was[e disposal into, jurisdictional wetlands or wa[ers associa[ed with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wedands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. [ISA NCAC 02H.0506(b)(3) and (c)(3)] 21. Erosion and sedimen[ control practices mus[ be in full compliance with all specifications governing the proper design, installation and operation and maintenance of soch Best Management Practices in order to protect surface waters standards �I SA NCAC 02H.0506(b)(3) and (c)(3]): a. The erosion and sedimen[ control measures for the project must be designed, installed, opera[ed, and maintained in accordance wi[h the most recent version of the North Carolinu Sediment and Erosion Contro! Planning und Design Maneial. b. The design, installa[ion, opera[ion, and maintenance of the sedimen[ and erosion control measures must be such that [hey equal, or exceed, the requirements specified in the most recent version of [he North Carolinu Sediment and Erosion Con�rol Manual. The devices shall be maintained on all construc[ion si[es, borrow sites, and waste pile (spoii) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pi[ sites, [he erosion and sediment control measures mus[ be designed, installed, operated, and main[ained in accordance with Ihe most recent version of the North Carolina Surface Mrnrng Manual. d. The reclamation measures and implementation must comply with [he reclama[ion in accordance with the requirements of the Sedimentation Pollution Control Act. 22. Sediment and erosion control measures shall no[ be placed in wetlands or waters unless otherwise approved by this Certification. [I SA NCAC 02H.0506(b)(3) and (c)(3)] If you wish to contes[ any statement in [he attached Certification yoo must file a peti[ion for an administrative hearing. You may obtain the peti[ion form from the office of Administrative hearings. You must file the petition with Ihe office of Administrative Hearings within sixty (60) days of receipt of this notice. A pe[ition is considered filed when it is received in the office of Administra[ive Hearings during normal office hours. The Office of Administrative Hearings accep[s filings Monday through Friday between the hours of 8:OOam and S:OOpm, excep[ for official state holidays. The original and one ( I) copy of the petition most be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the dowment is received by the Office of Administrative Hearings wi[hin tive (5) business days following [he 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) 431-300Q 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 April Norton at (919) 707-91 I I or Aoril.Norton�a ncdenr.�ov. �it�cerely, � \ � � � ` �� ' :� , S. Jay�immerman, irector Division of Water Resources Electronic copy only distribution: Dave Bailey, US Army Corps of Engineers, Raleigh Field Office Art King Division 8 Environmental Officer Benjamin Purr, Environmental Consultant, ICA Engineering, Inc. April Norton, Environmental Senior Specialis[, Central O�ce File Copy Environmental Quality NCDWR Project No.: Applicant: Project Name: _ Da[e of Issuance of 401 Water Quality Certification: County: ROY COOPER Gnrenior MICHAEL S. REGAN Secretnrr S. JAY ZIMMERMAN tx��«��,�� 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 to return this certificate ro the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's au[horized agen[, or [he project engineer. It is not necessary [o send certificates from all of these. ApplicanYs Certification I, , hereby s[a[e [hat, 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 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: AgenYs Certification I, _, hereby state that, to [he 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 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: _ _ Date: Engineer's Certifieuiion Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby sta[e that, to the best of my abilities, due care and diligence was used in the observa[ion of the construc[ion such that [he construction was observed to be buil[ within substan[ial compliance and in[en[ of [he 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date RegisVation No. �'Nothing Compares — , State of North Carolina I Gmironmentai Qual in� 1617 Mall Service Center I Raleigh, Nonh Camlina 2 7699-1 61 7