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Home My WebLink About20190325 Ver 1_Approval Letter_20190319ROY COOPER Governor MICHAEL S. REGAN se�.em.y LINDA CULPEPPER Otmcror � '�;7°r+�\ �� r ,3�'-?F'�F �? a ��i �� NORTH CAROLINA Environmenta( Qua/!ry March 19, 2019 Durham Coun[v NCD W R Project No. 30190325 Bridge 89 on SR 1902 fIP No. E3-5512 APPROVAL of J01 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mc Joey Hopkins, P.E., Division Engineer NCDOT, Division 5 ?612 North Duke Street Durham, NC 27704 Dear Mr. Hopkins: You have our approval, in accordance wi[h the condi[ions listed below, for the following impac[s for [he purpose of replacing Bridge 89 in Durham County: Site Total Stream 1 BanA Stabilization to Perennial 87 in thc Neuse River Basin Temporary Dewa[ering [o 'erennial S[ream (linear ft 10 Total Stream Impact Total Stream Impact for Projech 97 linear feet. Neuse Buffer Impacts 97 Site Zone 1 Impact Zone 1 Buffer Mitiga[ion Required Zone 2 Impact Zone 2 Buffer Mitigation s f[ usin 3:1 ratio s ft Re uired usin I.5:1 ratio Brid=e 2132 N/A - 1228 N/A Road 2546 7638 0 0 Totals 4678 7638 1228 0 ` n%a = Impact Allowable; no mrtigation requirea Total Buffer Impact for Projec[: 5906 square feet. �:..,. � Q�,� North Carolina Department of Environmental Quaiity Division of Water Resources 512 North Salisbury Stree[ 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919]07.9000 The project shall be constructed in accordance with your application received March 7, 3019. After reviewin� your application, we have decided that these impacts are covered by General Water Quality Certification Number d 133. �I'his certification corresponds to the Nationwide Permit 3 issued by [he Corps of En�,ineers. This approval is also valid for the Neuse Riparian But�fer Rules (I SA NCAC ?B.0233 ). In addition, you should acquire any other federal, state or local pcnnits before you proceed with your project includin� (but not limi[ed to) Sediment and Erosion Control, Non-0ischarge and Water Supply Watershed regulations. This approval will expire wi[h the accompanying 404 permit. This approval is valid solely for the purpose and design described in your applica[ion (unless moditied below). Should your project change, you must notity [he NCDW R 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 wedand fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed I50 linear feet, compensatory miti�ation may be required as described in I SA NCAC ?H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitiga[ion as described in I SA NCAC 2B.0233. For this approval to remain valid, you must adhere to the eonditions listed in the General Certification and any additional conditions listed below. Conditions of Certification: I. Compensa[ory mi[iga[ion for impacts [0 2546 square feet of pro[ec[ed riparian buffers in Zone shall be required. We unders[and that you have chosen to perform compensatory miti�ation for impac[s to protected bu�Ters through use of the North Carolina Division of Miti�ation Services (DMS) (formerly NCEEP). Mitigation for unavoidable impacts to Neuse Riparian F3uffers shall be provided in the Neuse River Basin and done in accordance with I SA NCAC 02B.0395. The DMS has indicated in a letter dated February I5, 2019 [hat they will assume responsibility for satisfyine the compensatory mi[igation requiremen[s for the above-referenced projec[, in accordance with DMS's Miti�ation Banking Instrument signed June 14, 2016. 3. The post-construction removal of any [emporary brid�e struc[ures must return the projec[ site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriare native species. [ I SA NCAC 03H .0506(b)(3)] 3. As a eondition of this d01 Water Qualiry Certitieation, the bridge demolition and eonstruction must be accomplished in s[rie[ compliance with the most recent version of NCDOT's Best Management Practices for Construction and Maintenance Ac[ivities. [I SA NCAC 02H .0507(d)(2) and ISA NCAC 02H .0506(b)(5)] 4. Bridoe deck drains shall not discharee direcdy into the stream. Stormwater shall be directed across the brid�e and pre-treated throuoh site-appropriate means (grassed swales, pre-formed scour holes, vegetated bufters, etc.) before enterine the stream. To meet the requirements of NCDOT's NPDES permit NCS0000250, please refer to the most recent version of [he North Carolinc� Department <J Transportation S(ormwarer Bes( Manrigement Pr�ictrces Toolbo.r manual for approved measures [ I SA NCAC 03H .0507(d)(2) and ISA NCAC 02H .0506(b)(5)] 5. No drill slurry or warer that has been in contact with uncured concrete shall be allowed to enter surface warers. This water shall be captured, treated, and disposed of properly. [I SA NCAC 0?H .0506(b)(S) 6. Riprap shall no[ be placed in [he ac[ive [halweg channel or placed in Ihe streambed in a manner [ha[ precludes aquatic life passage. E3ioengineering boulders or structures should be properly designed, sized and installed. [ISA NCAC 03H.0506(b)(2)] 7. For any streams being impac[ed due to site dewatering activities, Ihe site shall be graded to i[s preconstruction contours and revevetated with appropriate native species. [ISA NCAC 02H.0506(b)(2)J 8. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless otherwise approved by this certification. �ISA NCAC 2B.0233� 9. 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 revegeta[ed wi[h non-woody species by the end of Ihe 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 re�ular NCDOT maintenance activities includin� mowing. The area with non-main[ained :::.r, � Q�,� North Carolina Departmen[ of Environmen[ai Quahry Drvison of Water Resources 512 North Salisbury Street I 1617 Mail Servme Center i Raleigh. North Carolina 2 7 699-16 17 919]07.9000 buffers shall be permanently reve�e[ated with native woody species before the next growin� season following comple[ion of construction. [ISA NCAC 2B.0233] 10. Pursuant to I SA NCAC 36.0233(6), sediment and erosion conirol devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and erosion control devices in Zone I, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 3 of the buffers provided that Zone I is not compromised and tha� dischar�c is released as diffuse Flow. I I. If concrete is used during construction, a dry work area shall be maintained to prevent direc[ contact be[ween curing concrete and stream water. Water that inadvertendy contacts uncured conerete shall not be dischar�ed to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [ I SA NCAC 02B.0200� I2. During the construction of the project, no sta�in� of equipment of any kind is permitted in waters of [he U.S., or protected riparian buffers. [ISA NCAC 02H.0506(b)(2)J 13. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be resrored to natural geomorphic conditions. [I SA NCAC 02H.0506(b)(2)] 14. The use of rip-rap above the Normal Hi�h Wa[er Mark shall be minimized. Any rip-rap placed for stream s[abilization shall be placed in stream channels in such a manner that it does not impede aquatic life passa�e. [ I SA NCAC 02H.0506(b)(2)] I5, The Permi[tee shall ensure [ha[ [he final desi�n drawings adhere to the permi[ and to [he permi[ drawin�s submitted for approval. � I SA NCAC 02H .0507 (c) and I SA NCAC 02H .0506 (b)(2) and (c)(3)� 16. All work in or adjacent to stream wa[ers shall be conducted in a dry work area. Approved BMP measures from the mos[ curtent version of NCDOT Constmction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in Flowin� water. [I SA NCAC 03H.0>06(b)(3) and (c)(3)� U. Heavy equipment shall be operated from the banks rather than in the stream channel-in order to minimize sedimentation and reduce the introduction ofother pollutants into the stream [15A NCAC 02H.0506(b)(3)] 18. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubrieants, hydraulic Fluids, or other toxic materials. [I SA NCAC 02H.0506(b)(3)] 19. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [ I SA NCAC 02H.0506(b)(3)] 20. Discharging hydroseed mixtures and washing out hydroseeders and o[her equipment in or adjacent [o surface wa[ers is prohibi[ed. [ISA NCAC 0?H.0506(b)(3)] 2I. The permittee and its authorized agents shall conduct i[s 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 Pederal law. If the NCDWR determines that such standards or laws are not being met (including the failurc 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 NCDW R may reevalua[e and modify this certification. [ I SA NCAC 026.0300] 22. A copy of this Water Quality Certification shall be maintained on [he 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. [ I SA NCAC 02H .0507(c) and I SA NCAC 03H .0506 (b)(2) and (c)(2)] 23. The outside buffer, wedand or water boundary located within the construction corridor approved by this authorization, including all nomcommercial borrow and waste sites associated with the project, shall be clearly marked by highly visible fencing prior to any Iand disturbing activities. Impacts to areas within [he fencing are prohibited unless otherwise authorized by [his certificalion. [15A NCAC 02H.0501 and .0502] s..._.. � Q�,� North Carolina Department o( Environmental Qual�ty Division of Water Resources 512 North Salisbury Stree['� 16ll Mall Service Cen[er i Ralelgh, North Carollna 27699-1617 919707.9000 ?4. -I�he 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 govemment apencies (i.e. local, state, and federal) havingjurisdiction, including but not limited to applicable buffer rules, stonnwater management rules, soil erosion and sedimentation control requirements, etc. Z5. The Permittee shall report any violations of this certification to the Division of Water Resources within 34 hours of discovery. (15A NCAC 03B.0506(b)(2)J 26. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and retum the enclosed "Certitication ofCompletion Form" to notify the NCDW R when all work included in the 401 Certification has been completed. [ISA NCAC 02H.0502(�] 27. Native riparian vegetation (i.e., trees and shrubs native to your geographic re�ion) must be reestablished in the riparian areas within the construction limits of the project by the end of the �rowine season following completion of construction. �I SA NCAC 03B.0233(10)� & [ISA NCAC 03B.0506(b)(2)� 28. T�here shall be no escavation 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. [ I SA NCAC 02H.0506(b)(3) and (c)(3)� 29. Erosion and sediment co�trol practices must be in full compliance with all specifications governing the proper desigq installation and operation and maiotenance of such Best Management Practices in order to protect surface waters standards [I SA NCAC 03H.0506(b)(3) and (c)(3)J: 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 CnroTina Sediment ancf Erosiow Contro! Planning and Deslgn hlanual. b. The desi�n, installation, operation, and maintenance of the sediment and erosion control measures mus[ be such that they equal, or exceed, the requirements specified in the most recent version of the Norih Carolina Sedimen� nnd Erosion Conb�ol Mum�nl. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pi[s 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 Cnrolrnri Surface h9inin,� hfan«al. 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. [I�A NCAC 02H.0506(b)(3) and (c)(3)� 31. When applicable, alI construction ac[ivities shall be performed and maintained in full compliance wi[h G.S. Chapter I 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 eontrol of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [ISA NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 028.0200] 32. Desi�n, installation, operation, and maintenance of all sediment and erosion control measures shall bc equal to or exceed the requirements specified in [he most recent version of die North Caro[ino Sedimen� nnd Erosion Con[rol Manaal, or Cor linear transportation projects, [he NCD07'Sediment m�d Erosron Control Manual. 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 srormwater routingand treatment shall be on si[e a� all times. For borrow pit sites, the erosion and sediment control measures shall be desi�ned, installed, opera[ed, and maintained in accordance with the most recen[ version of the Nor[h Cnrolina SiirJare Mining h9anunl. Reclamation measures and implementation shall comply with Ihe reclamation in accordance wi[h the requirements of Ihe Sedimentation Pollution Control Act and the Mining Act of 197 L[I SA NCAC 02H.0506(b)(3) and (c)(3); GC 4135] :.:.,.. � Q�,� North Carolina Departmen[ of Environmental Quahty � Dlvision of Water Resources 512 North Salisbury Street �� 16ll Mail Service Center � Raleigh. North Carolina 2 7 6 99-161i 919]07.9000 If you wish [o contest any sta[ement in the attached Certitication you mus[ file a pe[ition for an administra[ive hearinp. You may obtain [he peti[ion form from the office of Administra[ive hearings. You mus[ tile [he pe[ition with the office of Adminis[ra[ive Hearings within sixty (60) days of receipt of [his notice. A petition is considered tiled when it is received in the office of Administra[ive Hearings during normal office hours. The Office of Administrative Ilearings aceep[s filings Monday [hrough Friday between the hours of S:OOam and S:OOpm, except for official state holidays. The original and one ( I) 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 wi[hin five (5) business days following [he faxed transmission. The mailing address for the Office of Administra[ive Hearings is: Office of Administra[ive Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the pe[ition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Departmen[ of Environmental Quality 1601 Mail Service Cen[er This letter comple[es [he review of [he Division of Wa[er Resources under Section 401 of [he Clean Water AcL If you have any questions, please contact Rob Ridings at 919-707-38T. Sincerely, `��% T Lin ulpepper, Direc r Division of Wa[er Resources Electronic copy only distribution: James Las[inger, US Army Corps of Engineers, Raleigh Field Otlice Chris Murray, NCDOT Division 5 Environmental Officer Hea[her Montague, NCDOT Division 5 Environmental Specialis[ Be[h Harmon, Division of Mi[igation Services File Copy .. _,j � Q � North Carolina Departmen[ of Environmental Quahry Division of Water Resources 512 North Salisbury Stree[ 1617 Mail Service Cen[er I Raleigh, North Carolina 27699-1617 919.707.9000 i