HomeMy WebLinkAbout20180221 Ver 1_Approval Letter_20180222Environmentc�l
Qualrty
Site
ROY COOPER
�;�,�,•„��,�
MICHAEL S. RHGAN
c.•� ,��-n ���i
LINDA CULPEPPER
lrurrim l)nrrinr
Fehniar} ?'_, 3018
Granville County
NCDW'R Project No.20180??1
SR I 160
State Project No. 17BPS.C.04
APPROVAL of a01 WATGR QUALITY CERTIFICATION and'iAR-P.4MLIC0 RUFFER
AIITI-IORIZATION, N�i[h .4DDITIONAL CONDITIONS
Mr. Joey Hophins. P.C..
NCDOT, Division 5
261? North Duke Street
Durham. NC ?770d
Dear Mr. Hupkins�
Division Engineer
You have our approval, in accordance wi�h the conclitions listed beluw, for the �i�llo�cin, impacts for the purpose ot�
a culvert replacemeni on SR I 160 in Granville Ce�unty
Strcam Im Acts in the Tar-Pamlico Ri��cr Basia
Si[e Riprap Sta6iliza[ion to Perennial Temporary UcwaterinQ to Peren�ial Total Siream Impact
Stream I linear f[l I Siream Ilinear fq (linear fry
Total
Totals
69
20
Total Stream Impact for Projech 89 linear feet.
Tar-P:�mlico Riparian
S9
Zone 1 Impact Zune 1 Buficr Mitigation Zone 2 Impact Zone 2 Buffer Mitigation
(sc R) Re uired (usin 3:1 ratio) (s�ft) Required (using 1.5:1 ra[ii
4304 N/A 1521 N/A
• n'a = Total ti�r Site is less than I�3 acre and I�0 linear feet of impact, no mi[igation required
Total Buffer Impact fur Prujech 582g square feet.
The project shall be constructed in accordance with your �pplication received Pebruary 16, ?018. Afler reviewing
your application, we have decided [hat these impacts are covered b} General Water Qualih Certitication Number
4133. This certificztion corresponds to lhe Nationwide Pcrmi[ 3 issued by thz Corps of fingincers. This approval is
also valid for the Tar-Pumlico Riparian [3uflir Rules ( I iA NCAC 26.0?79). In addition, you should acquire any
other fed�ral, state or local pemii�s before you proceed with }�our project includin� �but not limited to) Sediment and
Erosion ConVol. NomDischarge and Water Supply Watershed m<,ulations. l'his approval ��ill e�pir� widi the
accompanying d04 permit.
Slalz ul Nunh Carnhnu I Fnvrtonmcnlul fhr.iht�
I i� 17 M:ul titn ico Canttr � Raleigh. Vonh C�.uohna'_7h�N1- I i+l �
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 I SA 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 Certification and any additional conditions listed below.
Conditions of Certification:
1. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams, shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than
48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion
control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence
that the equilibrium is being maintained if requested in writing by the NCDWR. If this condition is unable to be met
due to bedrock or other limiting features encountered during construction, please contact the NCDWR for guidance on
how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
2. Riprap shall not be placed in the streambed in a manner that precludes aquatic life passage. Bioengineering
boulders or structures should be properly designed, sized and installed. [15A NCAC 02H.0506(b)(2)]
3. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
4. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent
practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for
maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species. [ 15A NCAC 02H.0506(b)(2)]
5. 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]
6. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and reve�etated. 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. [ I SA NCAC 2B.0259]
7. 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 p►•oject 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.
8. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and sn•eam 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. Durin� the construction of the project, no staging of equipmenf 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
staUilization 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. [ I SA 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 di,version 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. [ISA 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. [l5A
NCAC 02B.0200]
19. 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)]
20. 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. [ I SA NCAC 02H.0501 and .0502]
21. 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. '
22. 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)]
23. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer (or whomever is the authorized agent if a non-NCDOT project) 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(�]
24. 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. [ISA NCAC 02B.0259(10)] &[15A NCAC 02B.0506(b)(2)]
25. 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)]
26. 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
standards [ISA NCAC 02H.0506(b)(3) and (cx3)J:
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 Norlh Carolina Sediment and Erosion
Canrro/ Plannrng 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
Caro[ina Sediment and Erosion Contro! Manual. The devices shall be maintained on all conshvction
sites, borrow sites, and waste pile (spoil) projects, including contractorvowned 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 Carolrna Surface Mrning
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
27. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the top
of bank, without prior approval from DWR. [ 15A NCAC 02H.0506(bx3) and (cx3)]
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 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 accepu filings Monday through Friday between the hours of B:OOam and S:OOpm, except
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 fa�ced-provided the original and one copy of the document is received by the O�ce 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. Sam M.Hayes, General Counsel
Department of Environmental Qualiry
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 contac[ Rob Ridings at 919-707-8786.
'ncerely,
�� ��,.,-�O_'
Linda Ipepper, Interim Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental Officer
File Copy
Environmental
Quality
NCDWR Prnject No.:
.4pplicanL•
Projecf Namc:
Date of Issuancc oi a01 Watcr Qualih Ccrtification:
Counrv:
ROY COOPER
r;�,rr„r,u-
MICHAGL S. REGAN
s.-�, � n�,��
LINDA CULPEPPER
n,«-,;,,, i,,,�, ���,�,�
Certificate of Comple[ion
Upon completion of all work approved within the 401 Wnter Quality Cenitication or applicnble Buffer Rules, and
an� subsequent moditications. the applicant is required to return this cerliticate to �he -t01 Transportation Pennittin,
Unit. North Carolina Division of Water Resources, 1617 Mail Service Center. Raleigh. NC, 27699-1617. "fhis form
may be re[urned to NCDWR b�� the applieant, the applicant's authorizmd agent. or the prujec[ enkineer. I[ is not
necessary� [o send certiticate� trom all of these.
+nn���«,�rc Certificnlion
I, , hereby stare that ro the best of my abilitios, diic care and dili,ence
was used in the observation of [he construction such tha� Ihe construction was observed to be built within substantial
compliancc and in[em of die �301 Water Qualirv Certihcation and [3uffer Rules die approced plans and
speciiicatiuns. and othcr supponing materials.
Si�nature: Date:
AgeirPs Certifrcutinii
1, , hereby state �hat, to [he bzst of nry abilities, due care and dili�ence
was used in the observation of the construction such [hat �he construction was observed to be built within substantial
cumpliance and intent of the �01 Water Quali[y Certitication and [3uffer Rules. Ihe approved plans and
specitications, and other supporting materials.
Si�na[ure: Date:
Engineer's Certificruinre
Partial Final
i, . as a duly registcred Professional Engineer in �he State of North
Carolina, having been authorized to observc (periodicall}-, weekly, full �ime) tlie constructiun of the pr�jec� for ihe
Permittez hereby state that. to the best of mc abilities, due care and diligence ���as used in the obszrua[ion of the
construction such that the construction �a-as observed to be buili «�ithin substamial compliance and inten[ u( the 401
Wa[er Quality Certitica[ion and Butlir Rules, the approved plans and specifications, and o[har aupporting materials.
Si�,nature _ _ _
Da[e
Reeistra[ion No.
ti[atz ol Nnrth Cnrulina i In.iron�nzntal l)uaht)�
I(.17 p1:ul tirn'me Cemer I K�Itigh. Nimh Carohna'_7h9u-1617