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Home My WebLink About20190142 Ver 1_Approval Letter_20190304ROY COOPER co�e��a. MICHAEL S. REGAN secrerary LINDA CULPEPPER Direcror NORTH CAROLINA Environmenfal Quality March 4, 2019 Alamance County NCD W R Project No. 20190142 Bridge 164 Replacemen[ WBS # 176PJ.R.106 Mr. James Michael Mills, PE Division 7 Engineer North Carolina Departmen[ of Transportation PO Box 14996 Greensboro, North Carolina, 27415 APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN LAKE BUFFF.R AUTHORIZATION with ADDITIONAL CONDITIONS Dear Mr. Mills: Approval is granted, in accordance with [he condi[ions listed below, for the following impacts to replace Bridge 164 located over North Prong Stinking Quarter Creek on SR I 113 (Kimesville Road) in Alamance County: Stream Im acts in the Ca e Fear River Basin Site Tem�rorary Impacts Due Permanent Fill in Perennial Total Stream to Stream Due to Bank Impacts Dewatering/Causeway/Fill Stabilization (linear feet) S2 Totals 20 20 � � � Total Stream ImpaMs for Project: 118 linear feet ��.,, m.,�: Q�� 98 20 118 North Carolina Department of Environmental Qualdy I Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 2 7 6 4 9-1611 9w.7oz9000 Jordan Lake Riaarian Buffer Im Site S1 Totals Zone 1 nrinus Buffer minus Zone 1 Wetlands Zone 1 Mitigation Zone 2 Wetlands Impacts Buffers Impacts in (sqft) in Zone 1 �sqft) Required �sqft) Zone 2 (sqft) (using 3:1 (sqft) ratio 5,986 -- 5,986 -- 3,060 -- 5,986 -- 5,986 -- 3,060 -- Total Buffer Impact for Project: 9,046 square feet Zone 2 Zone 2 Buffer Buffers Mitigation (sqft) Required (using 1.5:1 ratio 3,060 -- 3,060 -- The project shall be constructed in accordance with your application dated and received January 30, 2019 with subsequent information received on February 20, 2019. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4132. This certification corresponds to Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for Jordan Lake Riparian Buffer rules (15A NCAC 2B .0267). 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 change, you must notify the NCDWR and submit a new application. If tlle property is sold, the new owner must be given a copy of tllis 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 300 linear feet, compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the certification and any additional conditions listed below. � Conditions of Certification: Project Specific Conditions All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. [15A NCAC 2B.0267] 2. All riparian buffers impacted by the placement of temporary fil I or clearing activities shall be restored to the preconstructioi� 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 this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT maintenance activities including mowing. Tlie area with non-maintained buffers shall be permanently revegetated 3. with native woody species before the next growing season following completion of construction. [15A NCAC 2B.0267] General Conditions 1. As a condition of this 401 Water Quality Certification, if bridge demolition occurs now or in the future, the bridge demolition 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)] 2. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a�nanner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. [15A NCAC 02H.0506(b)(2)] 3. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)] 4. 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 tlie potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 02B.0200] � 5. During the construction of the project, no staging of equipment of any kind is permitted in waters of tlle U.S. or protected riparian buffers. [15A NCAC 02H.0506(b)(2)] 6. 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. [I SA NCAC 02H.0506(b)(2)] 7. The use of riprap above the Normal High-Water Mark sllall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [15ANCAC 02H.0506(b)(2)] 8. 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)] 9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from tlie most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures sllall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 10. Heavy equipment shall be operated from the banks rather than in the stream channel to minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)] 11. 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)] l2. 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)] 13. Discharging hydroseed mixtures and washing out hydroseeds and otller equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 14. 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] 15. 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)] 16. A copy of this Water Quality Certification shall be maintained on the construction site always. 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)] 17. 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 clear(y 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] 18. The issuance of this certification does not exempt the Permittee from complying with 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. 19. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 20. 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 workincluded in the 401 Certification has been completed. [15A NCAC 02H.0502(�] 21. 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. [I SA NCAC 02B.0506(b)(2)] 22. 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 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)] 23. 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 to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3)] a. The erosion and sediment control measures for tlle 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 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. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 24. 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)] 25. 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)] If you wish to contest any statement in the attached Certifcation 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 of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed, providing 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. Tlie 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: (919) 431-3100 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. [f you have any questions, please contact April Norton at 919-707-911 I or April.Nortonna ncdencgov. Sincerely ��V.�/ �1NC�\v l L�nda Culpepper, Director � Division of Water Resources Electronic copy only distribution: David Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Parker, Division 7 Environmental Supervisor Della Moore, Division 7 Assistant (dmoore(�a. rkk.coml Nicole Thomson, Division 7 Assistant (njthomson2(a�ncdot.eov) April Norton, Division of Water Resources, Central Office File Copy