HomeMy WebLinkAbout20161131 Ver 2_Approval Letter_20171018�
ROY COOPER
Gurrrmn
MICHAEL S. REGAN
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@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