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HomeMy WebLinkAbout20180117 Ver 1_Approval Letter_20180306ROY COOPER Gorernor MICHAEL S. REGAN S�•a,��un� Environmental LINDA CULPEPPER QUQI[Lj' Lr�rrim Nirrrp�,i� March 6. ?018 Pitt Countv NCDWR Project No. 20180117 Bridge No.164 TIP B-4789 APPROVAL of 401 WATER Ql!ALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Ms. Heather Lane NCDOT. Division ? P.O. Bos 1587 Greemille. NC 2783� Dear Ms. Lane: You have our approval, in accordance with the conditions lis[ed below, for the following impacts for the purpose of replacing Bridee No. 164 over Grindle Creek on SR 1424 (Alpine Taylor Rd) in Pitt Coun[y: Buffer and Stream Im acts in the Tar-Pamlico River Basin Buffer Zone 1 Buffer Zone 2 S[reams Si[e �sq ft) (sq ft) Temporary I Pitt 164 5287 5325 2A Total 10,612 28 The project shall be constructed in accordance with your application da[ed received lanuary 25. 2018. After reviewing your application, we have decided that [hese impacts are covered by General Water Quality Certifica[ion Number 4085. This certification corresponds to the Na[ionwide Pemiit 3 issued by [he Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules ( I SA NCAC 28.0259). In addition, you should acquire any other federal, stare or local permits before yvu proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharee and Water Supply Wa[ershed regulations. This approval will expire with the �ccompa�ying 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 NCD W R and submit a new application. If the property is sold, the new owner must be eiven a copy of this Certitication and approval letter, and is thereby responsible for complying with all the conditions. If total weNand tills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the fumre) exceed I50 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 ISA NCAC ?B.0259. For this approval to remain valid, you must adhere to the conditions listed in the attached cerlification(s) and any addi[ional conditions listed below. Condition(s) of Certification: The issuance of Ihis certification does not erempt the Permitree from complying with any and all statu[es, rules, reeulations, or ordinances that may be imposed by other government agencies (i.e. Iocal, state, and federal) havinJ jurisdiction. including but not limited to applicable butTer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. ?. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approvaL [ I Sp NCAC 02H .0507(c) and I �A NCAC 02H .0506 (b)(2) and (c)(2)] S�aie o(North Carolina I tnvimnmzntal Quahty 16I7 Maii Szrvice Center I Ralzieh. North Carolina?7699-1617 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 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 proj ect. 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. 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. Matt'ing 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 sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources (DLR) or locally delegated program has released the specific area within the project. [15A NCAC 02H.0506(b)(3) and (c)(3)] 13. 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)] 14. 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. 15. 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)] 16. 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)] 17. 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)] 18. 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)] 19. 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)] 20. 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) 21. 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) 22. 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) 23. 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) 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. [ I SA NCAC 02H.0506(b)(3)] 30. The permittee and iu 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, ot that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 31. The 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 assceiated borrow or waste sites), the NCDOT Division Engineer shall complete and retum 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(�] 33. A copy of this Water Qualiry 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 I SA NCAC 02H .0506 (b)(2) and (c)(2)] 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 nortnal office h'ours. 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 Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 4313100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, Genernl Counsel Depardnent of Environmental Qualiry 1601 Mail Service Center T'his 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, � G �l L' da Culpepper, 1 terim Director Division of Water Resources Electronic copy only distribution: Tom Steffens, US Army Corps of Engineers, Waching[on Field Office Jay lohnson, Division 2 Environmental Officer John Jamisoq HDR, Inc., john.jamison@hdrinacom Garcy Ward, NC Division of Water Resources Washing[on Regional Office Fik Copy Environmenlal QUQ�ICy NCDWR Project No.: ApplicanC Project Name: Date of Issuance of 401 Wafer Quality� Certifica[ion: Counry: ROY COOPER r,oreruo. MICHAEL S. REGAN .Srrrrrm�r LINDA CULPEPPER llI(el'illr (Ji/'Nctnr Certificate of Completion Upon completion of all work approved within [he 401 Water Quality Certifica[ion or applicable Butl'er Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Pertnitting Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Center, Raleigh, NC, 27699-161Z This form may be remrned to NCDWR by the applicant, the applicant's authorized agent, or the project engineec It is not necessary ro send certiticates from all of these. ,4pplicanPs Cer�ificulion I, , hereby state 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 ro be built within substantial compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supportiog materials. Signature: Date: AgenYs Certificu�iori I, , hereby state that. to the best of my abilities, due care and diligence was used in the observation of the cons[ruction such that the construction was observed [o be built within substantial compliance and intent of the 401 Water Quality Certifica[ion and Buffer Rules, the approved plans and specifications, and other supporting ma[erials. Signature: Date: F.ngineer's Cer7ifrca/ioi� Partial Final I, , as a duly registered Professional Engineer i� the State of North Carolina, having been au[horized [o observe (periodically, weekly, full [ime) [he construction of the projec[ for the Permi[tee hereby state thaL �o [he bes[ of my abilities, due care and diligence was used in the observation of the construction such [ha[ the construction was observed to be built within substantial compliance and intenl of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin�. ma[erials. Signature Date Registration No. Sm�t of North Carolina � Env�ronmental QuaGp' 16U Mail Service Centtr I Raleigh, North Carolina'_7699-IGI7