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Home My WebLink About20161131 Ver 2_Approval Letter_20171018� ROY COOPER Gurrrmn MICHAEL S. REGAN s��,��v��,� @nvironmental S. JAY ZIMMERMAN QUality �r,��e��r�»� Ocrober 18, 2017 Guilford County NCDWRProjecWo.20161I31 v.2 Bridge 456 on SR 2136 TIP Project No. B-5345 WBS Element 46059.1.1 APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN LAKE WATERSHED BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mc Philip S. Harris, III, P.E., CPM Natural Environment Section Head Project Development and Enviromnental Analysis North Carolina Department of Transportation 1598 Mail Service Cen[er Raleieh, North Carolina, 27699-I g98 Dear Mr. Harris: You have our approval, in accordance with the conditions listed below, for the following impacts to replace Brid�e 456 over Bn�sh Creek on SR ? 136 (Flemin� Road) with a new bridge in Guilford County: Site F�� ac W2 O.00f W3 0.10 W4 0 WS 0 Site Wetland Im ac[s in the Ca Mechanized Clearing Total Wetland Impact (ac) 0.09 O.18 � 0.05 � Total Wetland Impac[ for Project: 0.23 acres. Stream Im acts in the Ca �e Fear River Basin Temporary Fill in Permanent Fill in To[al Stream Perennial Stream Perennial Stream �mpac[ (Causeway) (linear ft) (��near ft) 0.01 52 g7 109 52 57 109 Total Stream Impact for Project: 1091inear feet. Stream Impacts Reyuiring Mitigation - ?"Nothing Compares - � State ol'Norch Camlina I Environmental Quality 1617 Mail Senice Center I Raleiglt. North Carolina 27699-I617 0 0 Jordan Lake Watershed Ri arian Buffer Im acts Zone 1 Zone 2 Buffer minus = Zone 1 Buffer t� minus = Zone 2 Zone 1 � Zone 2 Mitigation Wetlands Buffers (not Mitigation N: Wetlands Buffers (not Site Impact in Zone 1 wetlands Re uired F Impact in Zone 2 wetlands) �equired - (sq ft) �sq ft) (sq ft) ) (us ng 3 1 g (sq ft) �sq ft) (sq ft) (using 1.5:1 ratio ratio) ;b B1 1902 158 1,744 0 �" 3,008 1,862 1,146 0 (Road) ' B1 5,387 155 5,232 0 1,203 0 1,203 0 (Brid e B� 263 115 148 444 `�� 0 0 0 0 (Road) Totals 7,552 428 6,976 444 "'' 4,211 1,862 2,349 0 '1'otal l3uffer lmpact ior Yro�ecto 11,763 square ieet. The project shall be constructed in accordance with your application dated and received October 10, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4085. This certification corresponds to Nationwide Permit 3 issued by the Corps of Engineers. 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 will expire with the accompanying 404 permit. 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 Compensatory mitigation for impacts to 148 square feet of protected riparian buffers in Zone 1 shall be required. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP). Mitigation for unavoidable impacts to Jordan Riparian Buffers shall be provided in the Cape Fear River Basin and done in accordance with 15A NCAC .02B .0295. The DMS has indicated in a letter dated November 14, 2016 that they will assume responsibility for satisfying the compensatory mitigation requirements for the above-referenced project, in accordance with DMS's Mitigatiori Banking Instrument signed June 14, 2016. 2. 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)] The post-construction removal of any temparary 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)] 4. 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 Deparhnent of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 5. 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)] 6. 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) 7. 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)] 8. 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)] 9. 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] 10. 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] 11. 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 if Zone 1 is not compromised and that discharge is released as diffuse flow. 12. 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 arder 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, ar 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 Federa.l law. If the NCDWR determines that such standards ar 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 coriditions are necessary to assure compliance, the NCDWR may reevaluate and modify 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 autharized by this certification. [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 (ar 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 ozx.oso2� fl� _ 18. Native riparian vegetation must be reestablished in the riparian areas withiri 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 goveming the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standazds [ISA 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 Carolrna Sediment and Erosion Control Planning and Desrgn Manual. b. The design, installation, opemtion, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requ'vemenu specified in the most recent version of the North Carolrna 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 borzow pits associated with the project. a For borzow 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. 21. Sediment and erosion control measwes shall not be placed in wetlands or waters unless otherwise approved by this Certificatioa [15A NCAC 02H.0506(bx3) and (c)(3)] If you wish to contest any statement in the attached Cer[ification you must file a petition for an administrative heating. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixry (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during nortnal 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 lransmission. The mailing address for the Office of Administrative Hearings is: Office of AdministraHve Heazings 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 Counset Depaztment of Endvonmental Quality 1601 Mail Service Center T'his letter wmpletes 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)707-9111 or April.Nortonl�a ncdenr.gov. S cerely, / : � �' Gv S. Jay Zimmerman, D'vector Division of Water Resources Electronic copy only distribu[ion: James Mason, PDEA, NCDOT Dave Bailey, US Army Corps of Engineers, Raleigh Field Of�ice Beth Hazmon, Division of Mitigation Services Travis Wilson, NC Wildlife Resources Commission File Copy Environmental Quality NCDWR Project No.: Applicant: Project Name: Date uf Issuance of 401 Water Qualit,y Certification: County: ROY COOPER <;nrernm� MICHAEL S. REGAN Sucrrran S. JAY ZIMMERMAN n�,��v�„� Certificate of Comple[ion Upon completion of all work approved within the 401 Water Qualiry Certification or applicable BufFer Rules, and any subsequent moditications, the applicant is required to return this certificate to the 401 Transportation Permittin, Unit, North Carolina Division of Water Resources, I617 Mail Service Center, Raleigh. NC, ?7699-16I7. This form may be returned to NCDWR by the applicant, the applicanPs authorized agent, or the project engineer. It is not necessary to send certiticates from all of these. App(icanYs Cer�ificntion I, , hereby stare 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 tlie 401 Water Quality Certification and Buffer Rules, the approved plans and specitications, and ofher supporting materials. Signature: Date: AgenYs Certification 1, , hereby state that, m the best of my abilities, due care and diligence was used in the observation of [he construc[ion such that the construction was observed ro be built withi� substantial compliance and intent ofthe 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin� materials. Signature: Engineer's Certificatinn Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been au[horized to observe (periodically, weekly, full time) the construc[ion of the project for the Permittee hereby s[a[e [ha[, [o the best of my abilities, due care and dilipence was used in the observa[ion of the cons[ruction such that [he construc[ion was observed [o be buil[ wi[hin subs[an[ial compliance and intent of [he 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Si�nature Date Regishation No. - ""Nothing Compares - � $late o(North Carolina I Envimnmen[al Quelity 1617 Mail Service Center i Raleigh, Nonh Camlina 27699-I617