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Home My WebLink About20171018 Ver 1_Approval Letter_20170926Environmentul Quality ROY COOPER �;orrrnur MICHAEL S. REGAN �. �,,-r�,,, S.1AY ZIMMERMAN no-.-�� Seprember 26, 2017 Alamance Coun[y NCDWR Project No.20U1018 Bridges 126 and I 19 on NC 87 WBS Element 42841.1.1 APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN LAKE WATERSHED BUFFER AUTHORIZ.4TION with ADDITIONAL CONDITIONS Mr. Philip S. Harris III NCDOT, Natural Environment Sectiun Head 1598 MSC Raleiah. NC ?7699 Dear Mc Harzis: You have our approval, in accordance with the condi[ions listed below, for the following impacts to replace Bridge I?6 over Mill Race and Bridge 1 19 over Haw River with two new bridges on NC 87 in Alamance County: Site W2 Fill Fill (temporary) Excavation (a�� ac) �eC� - 0.02 <0.01 - 0.01 - - 0.04 - Mechanized Hand Clearing Total Wetland Gearing (ac) (ac) Impact (ac) - � <0.01 � 0.03 - - O.OI - - �.�� - <0.01 0.08 Total Wetland Impac[ for Projech 0.08 acres. Stream Im acts in the Ca e Fear River Basin Site Temporar}� Intpac[s Bank S[abilizalion Total Stream in Perennial Stream (linear ft) Impact (linear ft) linear ft I 135 29 I64 2 97 46 I43 232 75 307 To[al �otai �tream �mpact tor rro�ec[: �ui unear iee�. �'Nothiny Compares - � Swte of Nonh Camlina I tnvironmenul Quality I�.17 Matl Sernce Czniu I Ruleigh, North Carolina?76v�-I6U Site BI B2 Totals Jordan Lake Watershed Ri Zone 1 Zone 1 minus = Zone 1 Buffer Impact Wetlands Buffers (not Mitigation (sq ft) in Zone 1 wetlands) Required (sq ft) (sq ft) (using 3:1 ratio 8,667 0 8,667 N/A 5,890 0 5,890 N/A Buffer Zone 2 minus = Zone 2 Impact �'etlands Buffers (not (sq ft) in Zone 2 wetlands) (sq ft) (sq ft) 148 0 14,557 N/A 9,4: Total Buffer Impact for Project: 23,994 square feet. 6,148 3,289 Zone 2 Buffer Mitigation Required (using 1.5:1 ratio) N/A N/A N/A The project shall be constructed in accordance with your application dated received August 15, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4088. This certification corresponds to Nationwide Permit 14 issued by the Corps of Engineers. Tliis 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 will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modifed 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 Certi�cation: 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. 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 of properly. [15A NCAC 02H .0506(b)(3) 6. 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)] 7. 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)] 8. 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] 9. 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] 10. 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, sedirnent and erosion control devices shall be allowed in Zone 2 of the buffers if Zone 1 is not compromised and t�at discharge is released as diffuse flow. 11. 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 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. 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] 2. 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)] 3. 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)] 4. 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)] 5. 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)] 6. 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)] 7. 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)] ;; � 8. 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)] 9. 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)] 10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 11. 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 moc�ify this certification. [15A NCAC 02B.0200] 12. All fill slopes located in� jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certifcation. [15A NCAC 02H.0506(b)(2}] 13. 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)] ' 14. 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] 15. The issuance of this certification 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. 16. 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)] 17. 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 401 Certification has been completed. [15A NCAC 02H.0502( fl] 18. 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)] 19. 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)] 20. 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 Cmolrna Sediment and Erosion Control Mam�al. The devices shall be maintained on all consduction sites, borrow sites, and waste pile (spoil) projects, including conuactor-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 Mrning Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements oftheSedimentation Pollution Control Act. 21. 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 (cx3)] 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 oflice 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 accepu filings Monday through Friday behveen the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the peti[ion must be filed with the Office of Administra[ive Hearings. The petition may be fa�ced-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 vansmissioa The mailing address for the Office of Administrative Hearings is: Office of Administrative Heazings 6714 Mail Service Center Raleigh, NC 27699-6714 ` Telephone: (919) 431-300(Y,:Facsimile: (919) 4313100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M.Hayes, General Counsel Depardnent of Environmental Qualiry 1601 Mail Service Center This letter completes the review of the Division of Wacer Resources under Section 401 of the Clean Water Act. If you have any questions, please contact April Norton at (336)776-9703 or Aoril.Norton(a�ncdenr.�o_v. Sincerely, /' ;�� S. Jay Zimmerman, Director Division of Water Resources ElecRonic copy only distribution: Dave Bailey, US Army Corps of Engineers, Raleigh Field Office William Barrett, Env'vonmental Senior Specialist, NCDOT April Norton, Environmental Senior Specialist, NCDWR File Copy En viron m en tu! Qualiry NCDWR Project No.: Applicanh Project Name: Date of Issuance uf a01 Water Quality Certification: County: ROY COOPER r ��,� �„�<,�� MICHAEL S. REGAN �, � ��,-��,�,� S. JAY ZIMMERMAN �,�,�. ��,» � Certifica[e of Completion Upon completion of all work approved wi[hin the 401 Water Quali[y Certitica[ion or applicable Buffer Rules, and any subsequent moditications, the applican[ is required [o return this certifica[e [o the d0I Transportation Permi[ting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh. NC. ?7699-1617. This form may be retumed to NCDWR by the applicant, the applicant's authorized aeent, or the project eneineer. It is not necessary to send certifcates from all of these. ApplicanPs Certifrcatinn 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 wnstruction was observed to be built within substantial compliance and in[en[ ofthe 401 Water Quality Cenifica�ion and Buffer Rules, the approved plans and specifications. and o[her supporting ma[erials. Signa[ure: Date: AgenPs Certifiearia� I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of [he construction such that the consVuction was observed to be built within substantial compliance and intent of the 401 Water Quality Certitication and IIuffer Rules, the approved plans and specifications. and other supportin� materials. Sienature: E�igineer's Cer�ificu�inn 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 state tha[, to the best of my abilities, due care and diligence was used in the observation of the construction such Ihat the construction was observed to be built within substantial compliance and intenl of Ihe 401 Waler Quality Certitication and Buffer Rules, Ihe approved plans and specitications, and other supporting materials. Si�nature Date Registration No. �'Nothing Compares - � State ol' Nonh Camhna I�nvironmental Quahry 1617 Mail Service Cencer I Raleigh. North Camhna 27599-1617