HomeMy WebLinkAbout20180331 Ver 1_Approval Letter_20180313En viron rtten t c� I
QUQ�(iy
ROY COOPER
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MICHAEL S. REGAN
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LINDA CULPEPPER
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March 13, 2018
Pranklin Count�
NCDN'R Project No. 30I80331
Bridge ?5 on SR I303
State Project No. 17BP.S.RJ1
APPROVAL nf J01 WATER QCALITY CF.RTIFICATION and T.4R-P.4MLIC0 BUFFER
AL'THORIZATION, wilh ADDITIONAL CONDITIONti
Mr. Joey Flopkins. P.E., Division Engineer
NCDO"�. Divisiun �
3613 North Duke Stree�
Durham. NC _'770d
Dear Mr. Hopkins:
You have our approval. in accordance with the conditions listed below. for t�he followin�� impac�s for the purpose of
replacing E3ridze'_i in 1=ranklin County:
Stream Im acls in Ihc Tar-Pamlicu Rivcr Basin
Site Bank Stabilization to Perennial Stream Temporary Dewa[ering [u Perennial
flinear ftl tiYream (linear ftl
Total
Site
Total
92
Total Stream Impac[ for Projecr I 12 linear feet.
0.01
20
Wetland Imnacts in the Tar-Pamlico River 6asin
O.UI
Total We[land Impact for Projech 0.05 acres.
Si[e I Zone I Impact
Totals I 7378
TarvPamlico Ri arian Buffer Im aMs
Zone I Buf@r Mi[igation Reyuircd Zone 2 Impac[
(usine 3il ratiol Isa fQ
N/A
369J
` n/u = To�al for Sire is less �han I'3 acre and I�0 linear feet of impacL no m
Total Buffer Impact for Project: I1071 squnre fcet.
Total Strcam Impact
112
Total WeUand Im
0.0�
Zone 2 Buffer Mitigation
teuuired lusine I.5:1 ratic
N/A
The project shall be cons[ructed in accordance µ idi your application received March 8. 3018. Afrer reviewinc }�our
application, we have decided that these impacts are covered by General Wa�er Qaaliry Certitication Number 4135.
This certiFication wrresponds to the Natiunwidc Permit Id issued by the Corps of Engineers. �his approval is also
valid for the Tar-Pamlico Riparian Bu(fer Rules ( I�A NCAC �B.O?>9). In addition, you should acyuire any other
federal. stale or local permits beFure }uu proceed with your projeci including (but nut limited to) Sediment and
Erosion ConVol. Non-Discharge and Water Supph� Watershed regula[ions. This approval will expire with the
accompanying 40d pemiit.
Slatcni North Camhna I P�m�ironmtntal Quulit�
Il,l7 Matl Strviee Cenitr � Raltieh. Nonh Carolinn'7n9�)-161'1
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 Certification and any additional conditions listed below.
Conditions of Certification:
1. 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) "
2. 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)]
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 NCS0000250, please refer to the
most recent version of the North Carolina Department of Transportation Sto�•mwater 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 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. 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. [l SA NCAC 2B.0259]
9. 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 ofthe 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.
10. If concrete is used during construction, a dry work area shal] 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]
I 1. 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)]
12. 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)]
13. 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)]
14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [7 SA NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
15. 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)]
16. 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)]
17. 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)]
18. 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)]
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
20. 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 determiries 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]
21. 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)]
22. 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 ISA NCAC 02H .0506 (b)(2) and (c)(2)] ,
23. 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]
24. 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. "
25. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery. [I SA NCAC 02B.0506(b)(2)]
26. 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(fl]
27. 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)] or [15A NCAC 02B.0506(b)(2)]
28. 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)]
29. 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 [I SA 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 Er-osion Control Manual. The devices shall be maintained on all construction
sites, borrow sites, and waste pi]e (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.
30. 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(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 o�cial 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) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M.Hayes, General Counsel
Department of Environmental Qual'ity
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.
Sincerely,
�p..l 1
Linda Culpepper, 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
File Copy
�
,
Environmen lu!
Quality
NCDWR Project No.:
Applic•rnh _ _
Project Namc:
Da[e of Issu:�nce of alll Water Qaali�y Certificalion: _
County: _
ROY COOPER
� ;,,,rrnur
MICHAFI. S. RFGAN
�, � , �,,, �
LINDA CULPEPPER
hu�,m, n,i���„n�
Certificate of Completion
Upon completion of all work �pproved within the d01 Waler Quality Certification or applicahle Butler Rules, and
an� subsequcnt moditications, �he applicant is requirrd tu relum lhis certilitate to [hc a01 Transportation Permitting
Unit, North Carolina Division of Water Resuurces. 1617 Mail Service Ccnter, Raleigh, NC, ?7699-1617. This lonn
may be relurned to NCDWR by the applicant, the applicant's authurized a��enL or ihe projzct engineec It is not
necessarv to send certiticares I�om all oFthese.
.4pp(icairt'.e CertiJicalrne�
I, . hereb�� state ihal, to the best oFm� ahili[irs, due care and dili�ence
was used in the observation ofd�e constniction such that the coiutruction was observed tu be built within substantial
compliance and inrent ol the �101 Water Qualih� Certification and 6ul7er Rules. the appruved plans and
spzcilications, and othzr suppurting materials.
Si,mature: Daie:
.age�r!'s Certirc�rllorr
I. , herebv state that, tu the best of mv abilities, due cara and �ili,>ence
was used in die observation uf the constnic�ion such that �he cons�ruction �+�as observed to be built �cidiin substantial
cumpliance and intent of the �101 Water Qualit�� Cenitication and Buffer kules. the approved plans and
specificaiions. ;�nd other supporting materials.
Si�,neture: Date:
F_nP,iqcer's Cerlificnlinn
Partial Final
I. , as a duk registered Prulessional En,ineer in ihe State of North
C�rolina, havin, been au[horized to observe Iperiodicall��, weekh�, full time) the cunstructiun of the project fur the
Penniuee herebc state that. to the best o(mv abilities, due carz and dili�,ence was used in thz observaliun ul thz
construction such �hat the consiruciiun was observrd to be buih within substantial compliance and imem o(Ihe 401
Wa[er Quality Certitication anJ Buf7er Rules, thz approved plans and specifications. and other supporting materials.
Si�,nature
Date
_ _ Re�istraiiun Nu.
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I n 17 Mai I]tt� mt Ctnler I Itcdci�Jt Non h Carnl ina ^ 7h99-I �� I �