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HomeMy WebLinkAbout20180561 Ver 1_Approval Letter_20180803ROY COOPER Gwmra MICHAEL S. REGAN Se(>Nary LINDA CULPEPPER fnte.tm arcnc. NORTH CAROiINA fnr4onnQenral Quulfty August 3.'_018 Jones Coun[y NCDWR Projec[ No. 30180561 TIP B-4>6; APNROVAL of�l01 WATER QUALITY CERTIFICATION and NF,USF. RUFFF.R AUTHORIZATION with ADDITION.4L CONDITIONS Mr. Ju� lohnson NCDO"�. Division 3 1037 W.H. Sntidi E31vd. Greenville, NC 278.i Dear Mr. Johnson: You have our approval, in accordance with the conditions listed below. for Ihe tbllowing impac[s for the purpose of rzplacing Bridge No. 6 over F3ie Chinquapin [iranch on SR I+01 (Pine St) in Jones County: Stream and Buffer Im acts in the Ncuse River 13asin Site S�ream Buffer Zonc I BuITer Zone 2 (Iq (s fq (s ft) Jonesb 30 dOdO 33d0 Total 30 7.380 The projec� shall be constructed in accordance with your application dated received April 2d, 3018 and additional information received Jime 39, 3018. AHer reviewin, your application, we h�jve decided that these impacts are covered b}� General W'a[er Quality Certitica[ion Number d 13?. This ccrtitication corresponds to [he Nationwide Pem�it 3 issued by thc Corps of En,inecrs. In addition, you should acyuire an}� other federal. statc or local pennits before you proceed wi[h }�our project includin, (bul not limited tu) Sediment and Erosion Control, Non-Dischnr�e and Water Supply Watershed resulations. This approval will e�pire wi[h the accompam�ine dOd perniit. This approval is valiJ solrl}� for the purpuse and desi,n described in your application (imless modified below). Should your project chan,e, you must notif� thz NCDWR and submit a new applicatiun. Ifihe property is sold, lhe ne�v owner must be given a cupy of this Certification and approval letter, and is thereb�� responsible for complying with all d�e condi[ions. I I total weiland f ills for this project (now or in the future) esceed one acre, or of total impac�s to streams (now or in the fut�re) ��ceed �00 linear feet. compensatory mitigation may be required as described in I�A NCAC 2H .0?06 (h) (6) and (7). Additional bufier impacts may require compensatory miti�,a[ion as described in I SA NCAC �B.0��9. For this approval ro remain valid, you must adhere [o the conditions listed in the attached czrtificationls) and any additionnl conditions listed below. ;:�� � Q�,� North Carolina Departmant of Environmentai Quah[� Drvison of Waier Resources 512 Nprth Salisbury SVee[ I 16ll Mail Sernce Cancar Raleigh. Nortn Carolina 276991617 919 707 9000 Condition(s) of Certification: 1. The issuance of this certification does not exempt the Permittee from complyin� witl� any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jucisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 2. 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)] 3. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curin� concrete and stream water. Water that inadvertently contacts uncured concrete shall not be dischar�ed to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 02B.0200] 4. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most cuirent 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)] 5. 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 fencin� are prohibited unless otherwise authorized by this certification. [ISA NCAC 02H.0501 and .0502] 6. 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)] 7. 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)] 8. The dimension, pattern and profile of the stream above and below the crossing shafl not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [] SA NCAC 02H.0506(b)(2)] 9. The use of rip-rap above the Normal High Water Mark shaU be minimized. Any rip-rap placed for stream stabilization shall be placed in sh-eam channels in such a manner that it does not impede aquatic life passage. [15A NCAC 02H.0�06(b)(2)] 10. When applicable, all construction activities shall be perforined and maintained in full compliance with G.S. Chapter 1 13A Article 4(Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [ I SA NCAC 02H .0506{b)(3) and (c)(3) and ] SA NCAC 02B .0200] a. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sedinrent and EJ-os�on Control �Llanaral, or for linear transportation projects, the NCDOT Sediment and Erosion Control Mana�al. b. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. c. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Ma�zzral. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. If the project occurs in waters or watersheds classified as Pritnary Nursery Areas (PNAs), SA, WS-1, WS-1 1, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards inSensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4li5] 11. 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)] 12. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed from wetlands and waters 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)] 13. 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. [ I SA NCAC 02B.0201 ] 14. 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)] 15. 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. [ I SA NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 16. 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)] 17. 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) 18. All brid�e 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 dra�ged alon� the bottom of the surface water. [15A NCAC 02H .0506(b)(3)] 19. All riparian buffers impacted by the placement of temporary ftll 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.0233) ,20. New roadside ditches that do not control for nitrogen and attenuate flow before discharging through the riparian buffer are prohibited [ISA NCAC 2B.0233(6)] 21. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. (15A NCAC 2B.0233) 22. 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. [I SA NCAC 02B.0506(b)(2)] 23. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 24. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requiretnents resulting from compliance with §303(d) of the Clean Water Act) and any other appropriare 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 cenification. [i5A NCAC 02B.0200J 25. The Permittee shall report any violations of this certification ro the Division of Water Resources within 24 hours of discovery. [15A NCAC 026.0506(b)(2)] 26. Upon completion of the project (including any impacts at associated bomow or waste sites), the NCDOT Division Engineer shall compiete and retum the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [ I SA NCAC 02H.0502(�] 27. A copy of this Water Quality Certification shall be maintained on the conshvction 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 managec [ I SA NCAC 02H .0507(c) and I SA NCAC 02H .0506 (bx2) and (c)(2)] If you wish ro con[est any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the otlice 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 normal 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 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: Oftice of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (9191 43 1-3 100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department 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)946-6481or garcy.ward@ncdencgov. Sincerely, /� „7� iti�./'1i / ti f,� Linda Culpepper, Interim Direc[or Division oF Water Resources Electronic copy only distribution: Tom Steffens, US Army Corps of Engineers. Washington Field Oftice Jay Johnson. NCDOT. Division 2 Garcy Ward, NC Division of Wazer Resources Washington Regional O�ce File Copy .��' �" �" � � z .y � ;�:..�. > RO �COOPER �'�1 �'/ � �..SA/ MICHAEL S. REGAN '4a;„:�' sK,K�. UNDA CULPEPPER NORTH CAROLINA rnn�rrm Dur�cror EnvlronnaeMal Quo(Ny VCD\�'R Project No.: County: .4pplicnnt: _ Prujec[ \ame: Da�c of Issuance of 101 V1'ater Qunlih� Certificatinn: CertiPca[e of Cumple[iun l�pun complciion ol all ��nrk appro�cd ��ithin the 4111 N'�mr Qunlin Ccrti�icmiun or applicablc L1utTcr Rulcs. and en� subxyucnt muJilieaiiuro_ the upplicant is rcquired iu rotum thi� cenilicalc tu the �UI l7unspurtaiiun Permiuing l��nit_ Nurth Carolina Dici,iun uf Water Rewuree.. 1617 Mail Scn iec Cemee Raleieh. NC. 27699-Ifi17. �fhis livm ma� be rcturned iu NCI)�4�R h� �h� ;�pplicant. ihr applicant'� awhuri�oJ agcnt, or the prujaci cngint�r. It is nut ncca,san to sand ccni�icatc, Gom all ul'Ih�sa. Applicnnf's C�niftcnlinx I. . hereM ,tatr ihnL iu lhe hcci ul'm� ahilitic,. dua carc �nd dilieencr ��¢�s u.ed in the ohsen�atiun ul'the cunstruciion ,uch �hat �he consvuction ��a. ubsened iu he built �ci�hin .ubstami;il compliance and iment u( the JUI N�atcr Qunlin Certilieatiun �nd l3ull�r Rides. the appro�eJ plun. anJ spaeitications. nnd otlicr �uppunin� muiari:d.. Sign:uurc: Uatc .-Igr.ir's CenificnNnn I. , hereb� stutc ihw. to tl�e he,t of mp abiliiios due caro and Jiligcncc ��iu used in thc uhunntiun ul'the con.tructiun such ihni �he cunsvuctiun ��as oh,ercad �u be built ��ithin ,ubsmntial cumpliance tmJ intent ol �he all I W'atcr Qualit� Ccrtiticmion and BufTer Rulas. ihc :�ppro� cd pinnz and ,pceilicutions. :�nd u�her wppuning materi�ls. Sienawre: Uatc F_ngineer's CrniJicnrinn Panial Final I. ..is u Juh rceistertd Prol'a;siunal Gneinocr in ihe titntr ul Nurth Carulina. hu� ing hccn authorizcJ w ubsen�c �perioJicalh. ��tukh_ full timc) thc con,trunion nl thc prnject �lx thc Permiuec hcrcbp ,tatc that, to �ha hest ul m� abilities. Juc care:mJ diliernce ��as used in the ohsor� atinn ul ihe run,truction such lhut tht constnietiun �+ns obser�rd in be huih �cithin suhstami.d roinplianca anJ intenl ol the 3U1 N'attr lZualitc (�crtiticatiun anJ Ilull'cr Rules, the appru4eJ plun+nnd ,peci�icatiun,. and other.uppunin� m�tcriab- SignaWre Rcgisvntiun Nu. _ Date ::::.:: � Q�, � North Carolina DeUartmant ot Envuonm2n�.ai Quahry Diwsmn of Water Resources �12 North Salisbury Stree[ 1617 Matl Serwce Cznter � Raleigh. North Carolina 27699-1617 919 707 9000