HomeMy WebLinkAbout20190177 Ver 1_Approval Letter_20190221ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
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NORTH CAROLINA
Environmental Quality
February 19, 2019
Vance County
NCDWR Project No. 20190177
Bridge 56 on SR 1526
TIP No. B-4828
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION, with
ADDITIONAL CONDITIONS
Mr. Joey Hopkins, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Hopkins:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge
56 in Vance County:
Site
Total
Stream I�npa
Riprap Stabilization to Perennial
Stream (linear ft)
137
143
Total Stream Impact for Project: 280 linear feet.
Wetland I�zipacts in the Tar-Pamlico River Basin
Site � Mechanized Clearin� (ac) � Total Wetland I
Total
0.01
0.01
280
Total Wetland Impact for Project: 0.01 acres.
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North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street � 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
ts in the Tar-Pamlico River Basin
R Temporary Impacts to
Perennial Stream (linear ft)
Total Stream Impact
(linear ft)
Tar-Pamlico Riparian Buffer Impacts
The project shall be constructed in accordance with your application received February 9, 2019. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification Number 4132. This certification corresponds to
the Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules
(l5A NCAC 2B.0259). In addition, you should acquire any other federal, state or local permits before you proceed with your project
including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project
chan�e, 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 3H .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 Caroli�za Deparn�aent
of T�•a�zsportation Stormwater Best Manage�nent Prc�ctices 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, or during the removal of bents from an old bridge. This condition can be waived with prior
approval from the NCDWR. [1 SA NCAC 02H .0506(b)(3)]
7. For any 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)]
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North Carolina Department of Environmental Quality I Division of Water Resources
'c�12 North Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 27699-16�.
919 707.9000
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 11536 square feet.
8. The permittee shall use /Desi�n Standards in Sensitive Watersheds/(15A NCAC 4B.0124[a]-[e]) in areas draining to ("+") waters.
However, due to the size of the project, the NCDOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum
amount of uncovered acres. [15A NCAC 02B.0224 and 0225]
9. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements of the
NCGO1000. Please note the extra protections for the sensitive watersheds. [15A NCAC 02B.0224 and 0225]
10. 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]
1 1. 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. Insert buffer rule citation. [15A NCAC 2B.0259]
12. Pursuant to 15A NCAC 2B.00259(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 l, 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.
13. 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 0?B.0200]
14. 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)]
15. 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)]
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. 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)]
18. 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)]
19. 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)]
20. 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)]
21. 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)]
22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.
[15A NCAC 02H.0506(b)(3)]
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North Carolina Department of Environmental Quality � Division of Water Resources
512 North Salisbury Street � 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
23. 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 desi�nated 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]
24. 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)]
25. 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]
26. 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.
27. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [ 1�A
NCAC 02B.0506(b)(2)]
28. 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. [l5A NCAC 02H.0502(fl]
29. 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( ] 0)]
& [l5A NCAC 02B.0506(b)(2)]
30. 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 miti�ation will be required since that is a direct impact from road construction activities. [15A NCAC 02H.0506(b)(�) and
(c)(3)]
31. 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.0�06(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 Er•osion Control Planizing 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 Erosiof2 Co�ztrol
Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, includin;
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.
32. 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)]
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh. North Carolina 27699-1617
919.707.9000
33. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 1 l3A Article d
(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. [15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B.0200]
34. 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 Car•olina Seclime��t and Erosion Cont�•ol Nlanual, or for linear
transportation projects, the NCDOT Sediment and Erosion Cont�•ol Mnnual.
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.
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 Caroli�aa Surfnce Mining Manual. 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.
Ifthe project occurs in waters or watersheds classified as PrimaryNursery Areas (PNAs), SA, WS-1, WS-11, High Quality Waters {HQW),
or Outstanding Resource Waters (ORW), thenthe sedimentation and erosion control designs shall comply with the requirements set forth
in 15A NCAC 04B .O 124, Design Standar-ds inSensitive Watershed. [ 15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
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 official state holidays. The original and one (1) copy ofthe 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) 43]-3100
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 Rob Ridings at 919-707-3873.
Sincerely,
Y �
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l.in� Culpepper, Director
Division of Water Resources
Electronic copy only distribution:
James Lastinger, US Army Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental Officer
File Copy
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North Carolina Department of Environmental Quality � Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000