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Home My WebLink About20171408 Ver 1_Approval Letter_20171114En viron men ta I QUQ�I ty u e n Total Total ROY COOPER r;oi�r,�nor MICHAEL S. REGAN .Senrtru,� LINDA CULPEPPER 1HtC/'i/q Air'i¢Yru' November I 4, 20 U Pranklin County NCDWR Project No. 20171408 Bridgz 90 on SR 1719 TIP No. B-4750 APPROVAL of 401 WATER QUALITY CERTIFICATION, TAR-PAMLICO BUFFER AUTHORIZATION, and ISOLATED WETLANDS PERMIT Pursuant to IWGPIOOU00 with ADDITIONAL CONDITIONS Mr. J.R. Hopkins, P.E., Division Engineer NCDOT, Division 5 26I Z North Duke Street Durham, NC 27704 Dear Mr. Hopkins: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 90 in Franklin Counry: Site Total 7 Total Stream Impact for Project: 7 linear feet. Fill o.o� in [he TarvPamlico River Basin rt Stream (linear ft Total Stream Im 7 � in the Tar-Pamlico River Basin Mechanized Clearin ac Tol 0.02 o.oa o.os o. i i Total Wetland Impact for Project: 0.18 acres. Isolated Wetland Im acts in the Tar-Pamlico River Basin Permanent Fill ac Mechanized Clearin ac O.O I 0.05 Total Isolated Wetland Impac[ for Project: 0.06 acres Siaie o( Nonh Camlina I Gnvironmental Qualin 1617 Mail Serv�cz Center I Raleigh. North Carolina 27699-1617 o.o� o.is 0.06 Site Zone 1 Impact s ft Brid e 2738 Road 4446 Totals 7184 Tar-Pamlico Ri arian Buffer Zone 1 Buffer Mitigation te uired usin 3:1 ratio N/A 13338 13338 * n/a = Bridge Impact Allowable; no mitigation required Total Buffer Impact for Project: 16575 square feet. Zone 2 Impact 517 8874 9391 Zone 2 Buffer Mitigation :equired (using 1.5:1 ratio N/A 13311 13311 The project shall be constructed in accordance with your application received November3, 2017. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4088. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B.0259). 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 150 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.0259. For this approval to remain valid, you must adhere to the conditions listed in the General Certifications and any additional conditions listed below. Conditions of Certification: 1. Compensatory mitigation for impacts to 4446 square feet of protected riparian buffers in Zone 1 and 8874 square feet of protected riparian buffers in Zone 2 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 Tar-Pamlico Riparian Buffers shall be provided in the Tar-Pamlico River Basin and done in accordance with 15A NCAC .02B .0295. The DMS has indicated in a letter dated October 24, 2017 that they will assume responsibility for satisfying the compensatory mitigation requirements for the above-referenced project, in accordance with DMS's Mitigation Banking Instrument signed June 14, 2016. 2. The post-construction removal of any tern�porary 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. 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)] 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 NCS0000250 [delete if non-DOT project], 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)] 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 cons`truction. 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..0259] 6. Pursuant to 15A NCAC 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any Tar-Pamlico 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. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [15A NCAC 2B..0259] 8. 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] 9. 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)] 10. 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)] 11. 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)] 12. 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)] 13. 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)] 14. 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)] 15. 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)] . 16. 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)] 17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 18. 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] 19. 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)] 20. 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)] 21. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and waste sites associated with the project, 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] 22. 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. 23. 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)] 24. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer 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] 25. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) 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.0259(10)] &[15A NCAC 02B.0506(b)(2)] 26. 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)] 27. 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 Carolina 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 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 Mining Manual. • d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 28. 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 (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 Hearings during normal 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 transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Releigh, 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. Sazn M.Hayes, General Counsel Department 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 Rob Ridings at 919-707-8786. Sincerel!/� Ll/`4'I � �4� /,,,A Linda Culpepper, Irtenm Dvector � Division of Water Resources Electronic capy only distribution: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Cluis Murray, Division 5 Environmental Officer Beth Harmon, Division of Mitigation Services File Copy Environmentul Quafiry NCDWR Project No.: ApplicanL• Project Name: Date of Issuance of 401 Wa[er Quality Certification: County: ROY COOPER r;<,rd,-�,or MICHAELS.REGAN Srn r�m r LINDA CULPEPPER buennr Uire� lur' Certifica[e of Completion Upon completion of all work approved within tlie 401 Water Quality Certification or applicable Buffer Rules, and any subsequent moditications, the applicant is required [o return this certificate to the 401 Transportation Permit[in� Unit, North Carolina Division of Water Resources. 1617 Mail Service Center, Raleieh, NC, 27699-1617. This form may be remrned [o NCDWR by the applicant, [he applicant's authorized agen[. or the project engineer. It is not necessary to send certitica[es from all of ihese. Applicant's Ce�lificutiai I, , here6y sta[e that, to the best of my abilities, due care and diligence was used in the observation of the construction such [hat the construction was observed to be built within substantial compliance and inten[ of Ihe 401 Water Quality Certitication and Buffer Rules, the approved plans and specitica[ions, and other supporting ma[erials. Signamre: Date: ARen!'s Certificatiow I, , hereby stace 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 the 401 Water Quality Certitication and Buffer Rules, the approved plans and specitications, and other supportine materials. Signature: Engineer's Certifrcalion Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, havin� been authorized to observe (periodically, weekly, full [ime) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and dilieence was used in the observation of the construction such that Ihe construc[ion was observed to be buil[ wi[hin substantial compliance and inten[ oY the 401 Water Quality Certitication and Buffer Rules, the approved plans and specifications, and other supporting materials. Signa[ure Date Registra[ion No. Siate o( North Carolina I Environmtntal Quality 1617 Mail Service Centzr I Raltigh. North Camlina 27699-1617