HomeMy WebLinkAbout20171540 Ver 1_Approval Letter_20180109ROY COOPER
Gm rrno,
MICHAEL S. REGAN
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fnvironmental LINDA CULPEPPER
QUQIIYY liurriin pirrc�or
January 9, 2018
Pitt County
NCDWR Project No. 20171540
Brid�e No.l 13
State Prqject No. SF-730113
APPROVAL o(401 W.4TER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Ms. Heather Lane
NCDOT, Division 2
P.O. Bo� 1587
Greenville, NC 27835
Dear Ms. Lane:
You have our approval, in accordance with the condi[ions listed below, for the folluwing impac[s for [he purpose of
replacing Bridge No. I 13 over Suggs Branch on SR 15pp (Bie Oak Rd) in Pitt County:
Site
Total
Imoacts in the Tar-Pamlico
Buffer Zone 1 Buffer Zone 2
(sq ft) (sq ft)
3493 I 21
Stream Stream
Permanen[ Tempurar,y
34
12
The project shall be constructed in accordance wi[h your applica[ion da[ed received November 30, 2017. After
reviewing your applica[ion, we have decided that [hese impac[s are covered by General Water Quality Certifica[ion
Number 4085. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This
approval is also valid for [he Tar-Pamlico Riparian Buffer Rules ( ISA NCAC 26.0259). In addi[ion, you should
acquire any other federal, state or local permits beYom you proceed with your project includin� (but not limited to)
Sediment and Erosion Control, Non-Dischar�e and Water Supply Watershed re;ulations. 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 notity the NCD W R and submit a new application. If the property is sold, the
new owner must be !,iven a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wedand tills for this project (now or in the future) exceed one acre, or of [otal
impac[s [o streams ( now or in the future) exceed I50 linear feet. compensa[ory miti�ation may be required as
described in I SA NCAC 21-I .0506 (h) (6) and (7). Addi[ional buffer impacts may require compensatory mitigation
as described in I SA NCAC 2[3.0259. For diis approval to remain valid, you must adhere ro the condi[ions listed in
the attached certification(s) and any additional conditions lis[ed below.
Condition(s) of Certification:
The issuance of this certitication does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other govemment agencies (i.e. Iocal, state, and federal) havin�
jurisdic[ion, including but not limited to applicable buffer rules, srormwater management rules, soil erosion and
sedimentation control requirements, etc.
2. The Permitree shall ensure that the tinal design drawings adhere to the permit and to the permit drawings submitted
for approvaL [ISA NCAC 02H .0?07(c) and ISA NCAC 02H .0506 (b)(3) and (c)(2)]
Scatc ol'North Carolina I[nrironmwtal Quahry
1617 Mail Service Cemar I Rnleieh. Nnnh Carolino 27699-1617
3. 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]
4. 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]
5. 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)]
6. 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)] �
7. 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)]
8. 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)]
9. 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 1Vlanagement 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 Mirring Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Coritrol Act.
10. 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)]
11. Erosion control matting in riparian areas shall not contain a nylon mesh grid which can impinge and entrap
small animals. Matting should be secured in place by staples, stakes, or wherever possible live stakes of native
trees. Riparian areas are defined as a distance 25 feet from top of stream bank. [15A NCAC 02B.0224, .0225]
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. 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.
14. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
�ermit 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)]
15. 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)]
16. As a condition of this 401 Water Quality Certifcation, 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)]
17. 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, 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)]
18. 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)]
19. 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)
20. 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) ,
21. 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)
22. 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)
23. Adherence to The Guidelines for Avoiding Impacts to the West Indian Manatee: Precautionary Measures for
Construction Activities in North Carolina Waters will be required throughout construction.
24. 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)]
25. 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.0259) .
26. 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)
27. New roadside ditches that do not control for nitrogen and attenuate flow before discharging through the riparian
buffer are prohibited [15A NCAC 2B.0259(6)]
28. 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.0506(b)(2)]
29. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
30. The permittee and its authorized agenu shall conduct iu 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 ro 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 cer[ification. [ISA NCAC 02B.0200]
31. T'he Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours
of discovery. [15A NCAC 02B.0506(bx2)]
32. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and retum the enclosed "Certification of Completion Form" to notify the NCDWR when
aIl work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�]
33. 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, ifany, shall be maintained with the Division Engineer
and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (bx2) and (cx2)]
If you wish to contest any statement in the attached Certification you must file a petition for an adminishative
hearing. You may obtain the petition fortn 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. 7'he Office of
Administrative Hearings accepts filings Monday tivough Friday be[ween the hours of 8:OOam and S:OOpm, excep[
for official state holidays. The original and one ( I) 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 OtFce 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
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. Bill F. Lane, General Counsel
Departrnent of Environmental 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 Garcy Ward at (252)946-6481 or garcy.ward@ncdenr.gov.
Sincerely,
�� .
md ulpeppe Interim D'vector
Division of Water Resources
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, Division 2 Environmental Officer
Eleni Riggs, RK&K Engineers, eriggs@rkk.com
Garcy Wazd, NC Division of Water Resources Washington Regional Office
File Copy
Environmentul
QUR�ICy
NCDWR Project No.:
Applicanh
Project Name:
Date of Issuance of 40I Water Quality Certifica[ion:
County:
ROY COOPER
Goru�iu,r
MICHAEL S. REGAN
�cririv<,rr
LINDA CULPEPPER
ln�erim /)irrrvm
Cer[ificate of Completion
Upon completion of all work approved within Ihe 401 Water Quality Certitication or applicable Buffer Rules, and
any subsequent moditications, the applicant is required to remrn this cerlificate to the 401 Transportation Permittine
Unit. North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-1617. This form
may be returned to NCDW R by the applicant, the applicant's authorized agent, or die project engineec It is not
necessary to send certificates from all of these.
Applican!'s Cer7ifrcution
1, , hereby stare Ihat, to the best of my abilities, due care and diligence
was used in the observa[ion of the construction such [hat [he cons[ruc[ion was observed to be built within subs[an[ial
compliance and in[ent ofthe 401 Water Quality Certitica[ion and Butler Rules, the approved plans and
specifica[ions, and other supporting materials.
Signature: Da[e:
AgerePs Certifrcrttion
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construc�ion such that the construction was observed to be built within substan[ial
compliance and in[en[ of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifica[ions, and other supportin�l materials.
Sienature:
E�igineer'.c Cerliftcntion
Panial Final
I, , as a duly reaistered Professional Engineer in the Sta[e of North
Carolina, having been authorized ro observe (.periodically, weekly, full time) the construction of [he projecl for [he
Pemiitlee hereby sta[e �hat, [o the best of my abilities, due care and dili�ence was used in the observa[ion of [he
cons[n�ction such that [he construction was observed ro be buil[ within substan[ial compliance and intent oTthe 40I
Water Quality Cenification and Buffer Rules. the approved plans and specifications, and other supporting materials.
Sionature
Date
Re�istration No.
State of Nonh Camhna � Envimnmental Qualiq�
16U Mail Service Cenler I Raleigh. North Carolina 27699-1617