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Home My WebLink About20171315 Ver 1_Approval Letter_20171025Environmenral Qualriy ROY COOPER Gi„rrnnr MICHAEL S. REGAN �S.-n�r��„�� S. lAY ZIMMERMAN ir„.<«„ October 25, 2017 Guilford County NCDWR Project No. 20171315 Bridee 106 on SR 2128 WBS Element 40150.1.1 T.I.P - B-4958 APPROVAL of �Ol WATF.R QUALITY CERTIFICATION and JORDAN LAKE WATERSHED BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr. Mike Mills, P.E., Division Engineer NCDOT, Uivision 7 P.O. Box 14996 Greensboro, NC 27415 Dear Mr. Mills: You have our approval. in accordance with the conditions listed below, for the following impacts to replace Bridge 106 with a new bridae over Reedy Fork Creek on Bunch Road in Guilford County: Si[e Fill (ac) Wl 0 To[als 0 Site Permanen[ Fill in Perennisl Stream Due to Rip Rap (linear f[) 1 0 I 20 20 Total Fear River Basin Fi�l Excava[ion Mechanized Hand Clearing Total Wetland (temporary) �ac) Clearing (ac) (ac) Impact (ac) 0 0 <0.01 0 0 0 <0.01 0 Total Wetland Impact for Projec[: 0.01 acres. Temporary Fill in Perennial Stream Due to Rip Rap Qinear f[) 40 40 Permanent Fill in Perennial Stream Due to 6ank S[abiliza[ion flinear ftl 100 iver Basin Temporary Fill in Perennial S[ream (Bank S[abilization) Qinear ft) �p 20 To[al Stream Impact for Projech ISO linear feet. - %'Nothing Compares :- � State of North Carolina I Emironmental Qualiry 1617 Mail Sen'ice Cenror I Raleigh. North Carolina 27699-1617 Total Stream Stream Impac[ lmpac[s (linear ft) Requiring Mitiga[ion 120 0 60 0 180 0 Site B1 — Embankment B 1 - Bridge Totals Jordan Lake Watershed Ri Zone 1 Zone 1 minus = Zone 1 Buffer Impact �'�'etlands Buffers (not Mitigation (sq ft) in Zone 1 wetlands) Required (sq ft) (sq ft) (using 3:1 . ratiol 1,973 . 0 1,973 Z,779 0 2,779 �,752 0 4,752 ian Buffer Im acts Zone 2 minus = Zone 2 Impact �'�'etlands Buffers (not (sq ft) in Zone 2 wetlands) (sq ft) (sq ft) Zone 2 Buffer Mitigation Required (using 1.5:1 ratio) 2,354 0 2,354 0 388 0 388 0 2,742 0 2,742 0 Total Buffer Impact for Project: 7,494 square feet. The project shall be constructed in accordance with your application dated and received October 18, 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 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 deimed 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, 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. 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 Nornial 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. Heary 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 fro_m 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 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 authorized 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 autharization 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 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. 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 complet'ion 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 o2x.osoa� 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 �rotect 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 ,o`f 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 Contro( Manual. The devices shall be maintained on all construction sites, bonow sites, and waste pile (spoil) projecu, including contractor-owned or leased borzow pits associated with the project. c. For borcow 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 Manval. d. The reclaznation measures and implemeNation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [I SA NCAC 02H.0506(bx3) and (c)(3)] 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 Heazings during nortnal office hours. T'he Office of Administcative Hearings accepu filings Monday tluough 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 Adminisuative Hearings. T'he petition may be faxed-provided the original and one copy of the document is received by the OfFce of Administrative Heazings within five (5) business days following the faxed transmission. The mailing address for the O�ce 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. Sam M.Hayes, General Counsel Depaztrnent of Env'vonmental 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 (336)776-9703 or Aoril.Nortonna ncdenc o�v. Sincerel , C � V -�'N � ay Zimmerman, D�rector Division of Water Resources Electronic copy only distribution: Dave Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Pazker, Division 7 Environmental Officer Nicole Thomson, Division 7 Environmental Assistant Tnvis Wilson, NC Wildlife Resources Commission File Copy Em�ironmen �al Quctlity NCDWR Project No.: Applicanf: Project Name: Date o( Issuance of 401 Water Quality Certification: Coun[y: ROY COOPER r;o,�ernor MICHAEL S. REGAN ti.�rrra��r S. JAY ZIMMERMAN i,�,:��,,,,� Certificate of Completion Upon completion ofall work approved within die 401 Wa[erQuality Certifica[ion or applicable 6uffer Rules, and any subsequem moditications, the applicant is required to return this certificate ro Ihe 401 Transportation Permittin� Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Ralei;h, NC. 27699-1617. This form may be retumed to NCDWR by the applicant. [he applican['s au[horized age�[, or ihe project en�3ineer. I[ is no� necessary to send certif cates from all of [hese. App[icant's Cer�lficarion I, was used in the observation of d compliance and intent ofthe 401 and other supporting materials. Sienature: ��1genYs Cerrificalion , hereby state that, to the best of my abili[ies, due care and diligence e consttuction such that the constniction was observed to bz built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Dare: �, , hereby s[ate that, to the best of my abilities, due care and diligence was used in Ihe observation of Ihe construction such that the consttuction was observed to be buil[ within substantial compliance and intent of the 401 Water Quality Certitication and 6uffer Rules, [he approved plans and specitications, and other supporting materials. Signature: Eirgineer's Ceilificution Partial Final I, , as a duly mgistered Professional Engineer in die State of North Carolina, having been authorized. to observe (periodically, weekly, full time) the construction of the project for [he Perniittee hereby sta[e tha[, to the bes[ of my abilities, due care and diligence was used in Ihe observa[ion of the construc[ion such tha[ the construction was observed to be buil[ within substantial compliance and intent of the 401 Water Quality Certification and Butler Rules, the approved plans and specitications, and o[her supporting ma[erials. Si�nature Da[e Reaistretion No. �'Nothing Compares .- � State ol Notlh Carolina I Environme�[al Quality I(i I 7 Mail Servicc Ctnter � RaltieJt North Carolina 27699-1617