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Home My WebLink About20180465 Ver 1_Approval Letter_20180409Environmentaf QUQiI r}� ROY COOPER �;,,��„�„�- MICHAEL S. RCGAN �� „�, r�,� � LINDA CULPEPPER IHlrrrul U�rcClur April 9, 2018 Person County NCDWR Pruject No. _'OB046> I3rid_e 50 on SR 1343 TIP No. 6-> Id> APPROVAL of 401 WAT�R QU.ALITY CERTIFICATION wilh .4DUITIONAL CONDITIONti Mr. Joey Hophins, P.E., Division En�ineer NCDOT, Division 5 '_613 North Duke Stree[ Durhant NC '_770d Dear Mr. Hopkins: You have our approval, in acmrdance with the conditions listed below, for the followin, impacts lor die purpose of replacing firidge 50 in Person County: O en Water Lake) Im acts in [he RuAnoke Rirer Basin Site Permanen[ Fill in Open Wnters Temporrr�� Fill in Open Total Fill in Open WaCers (ac) Total o.na 0.19 To[al Open Wa[er Impact for Projec[: 0.23 acres. 0.23 `fhe pruject shall be constructed in accordance witli your applicatiun received April 6, 3018. Atter reviewing your applicaiion, we have deeided thal these impacts are coverad by General Water Quality Certitica[ion Number 4133. This' cenilica[ion corresponds to the Nationwide Permit 3 issued b}' the Corps of fai,ineers. In addition, you shuuld acquire any other federal, state or local permits before you proceed with your �roject including (but not liinited to) Sediinen� and Erosion Control, NomDischarge and Water Supply Wa�ershed reeulations. This approval will espire with the accompanyine d04 pzrmit. This approval is valid solely for the purpose and design described in pour application (unless moditiod below). Should vour project change. you must notif}� the NCDW R and submit a new application. If the propeny is sold, the new uwner must be given a copy of this Certitication and approval letter, and is thereby respunsible fur cumplyin�, with all ihe conditions. If total wetland fills for this prolzct (now or in the future) esceed one acre. or uf rotal impac[s to s�reams (now or in the fu[ure) e�ceed I�0 linear fert, compensatory mitiga[ion may be rcyuired as describ�d in I SA NCAC 3H .0�06 (h) (6) and (7). Fur this approval tu remain valid, you must adherc W the conditions listed in the General Cenifica[ion and any addition:�l conditions listed below. Conditions of Certificafion: I. The pos't-consVuction removal of am temporar}' bridge structures must return the project site to its pmconstruction contours and elevations. The impacred areas shall be revegetated with appropriate na�ive species. � I SA NCAC 02H .Oi06(b>(3)� Stafe ul Nnrth Carolina I Iim�runmcnl;il Vualuv i�+17fv1oil5enrcrCenmr R.Jeigh.NonhCurnlinu'_7h99-In17 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 ofNCDOT'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 Stormwater 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 surface waters if driving or drilling activities occur within the open water, on the banks, 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 bridge construction shall be performed from the existing bridge, temporary work bridges, temporary causeways, or floating or sunken barges. [f 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)] 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)] I 1. 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. 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. [ 15A 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. [ I SA NCAC 02B.0506(b)(2)] 23. 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] 24. 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)] 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 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 Contro! 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 Not•th 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. 27. 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 Energy, Mining and Land Resources (DEMLR) or locally delegated program has ' released the specific area within the project. [15A NCAC 02H.0506(b)(3) and (c)(3)] 28. 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 oftice 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 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 AdminisMative Hearings. The petition may be fa�ced-provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faced 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) 431-300Q Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mc Sam M.Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Cenrer 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, � �� 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 Officer File Copy Envrroiunt�n (ul Qualrty NCDW R Project No.: Applicant Pro,ject Name: Date of Issuance of �101 Water Quality Certification: Counh:_ ROY COOPER �;,,��,,,,,,� MICHAF.L S. REGAN c��,�, i�� LINDA CULPF.PPER i„�.-,;�,� n„<<,,,,� Certificate of Complc[ion Upon completion of all ti�ork approved within the d01 W'ater Quali[}' Certification ur applicable Buffcr Rules, and any subseqiient moditic�tions, [he applicant is requirzd to return [his ceititicate to the 401 -I�ransportation Permittin� Linit, North Carolina Division of W'ater Resourees. 1617 Mail Service Centec Raleieh. NC, ?7699-IG 17. This fomi may be renirned [o NCDWR by the applicant, [he applicanCs audiorized a��ent, or the projec[ eneineer. It is not necessary ro send certiticates from all of these. :4pplicaut's Certificn�inn 1. , hereby stare that. ro the best of m�� abilities, due care and diligence was used in the observa[ion of Ihe construction such [ha[ die construction was observzd ro be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specitications, and other supporiin, ma[erials. Sienature: Date: Igen�'+ CerriJicntinu I. . hereb�� sta�e that. to the best of mv abilities, due care and dilieence was uszd in ihe observation of ihe construction such dia� the consvuc�ion was observed to be built H ilhin subs[antial compliance and intent of the 401 Water Quality Cenifica�iun and Bulfer Rules, die approved plans and specitications, and uther supportin_ materials. Si�_nalure: Eirgiiteer's Cerlificalioir Partial Final Date: I, , as a duly registered Professional En_ineer in �he State ofNorth Carolina, having been authorized to observ¢ (periodically, weekl}�, full time) the construclion of the project for the Permittee hereby sta[e that, ro the best of nry abilities. due care and dili�ence was used in the observation of �he construction such Ihat the construction was observed to be built H�idiin substan�ial compliance and in�ent of thc d0I Water Quality� Ce�titieation and I3uRer Rides, the approved plans and specifications, and other supporting materials. Si�,nawre Date Registration Nu. SWta ul Nunh Carulina Enurnnmeinal IJuuhtr I a 17 ,\1ml ticn�im Cznler I Rulcieh, Nnrth Carnl ina '_799V-I n I�