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Home My WebLink About20110656 Ver 1_Approval Letter_20111130 I I � I , � I � �� ; North Carolina Department of Environment and Natural Resources ' Division of Water Quality Beverly Eaves Perdue Coleen H Suliins Dee Freeman Governor Director Secretary November 30 2011 DWQ# 11 0656 Union County Dr Gregory J Thorpe Manager Pro�ect Development and Environmental Ana�ysis Branch North Carolina Department of Transportation 1598 Mail Service Center Raleigh North Carolina 27699 1548 � REISSUANCE/APPROVAL of 401 Water Quality Certification with Additional Conditions, Proposed Bridge Replacement over Waxhaw Creek on State Road 1113 (Davis Road), Union County, TIP No B 4294, WBS No 33632 1 1 Dear Dr Thorpe You have our approval in accordance with the attached conditions and those listed below to permanently impact 10 linear feet (I� (nprap bank stabilization) and to temporanly impact 20 If(temporary fili) of Waxhaw Creek a perennial stream and to permanently impact 0 12 acres of wetland (0 05 acres of fill and 0 07 acres of inechanized cleanng) as descnbed in your application received by the Division of Water Quality (DWQ) on October 4 2011 The location of the pro�ect is State Road 1113 (Davis Road) in Union County After reviewing your application we have determined that this pro�ect is covered by Water Quality General Certification Numbers 3688 3689 and 3701 Please note that you should get any other federal state or local permits before proceeding with your pro�ect including those required by (but not limited to) Sediment and Erosion Control Non Discharge and Water Suppiy Watershed regulations This approvai will expire with the associated 404 permit unless otherwise specified in the Water Quality Certification This approval is valid solely for the purpose and design that you described in your application (unless modified below) Should your pro�ect change you must notify the DWQ in wnting and you may be required to 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 conditions If total wetland fills for this pro�ect (now or in the future) exceed one acre or if total impacts to streams (now or in the future) exceed 150 linear feet compensatory mitigation may be required as descnbed in 15A NCAC 2H 0506 (h)(6) and (7) For this approval to remain valid you must adhere to the conditions listed in the attached certification and those listed below 1 The permit drawings depict the termination of the proposed ditchline (shown on the upstream left bank on the drawings) in the stream This certification is not authorizing the construction of the ditchline in the stream This certification is authonzing the use of nprap at the outfall of the ditchline on the streambank only Additionally NCDWQ recommends the use of Class II nprap at the outfall of the above referenced ditchline If riprap from the ditchline is deposited in the stream NCDOT will be required to remove the nprap and properly stabilize the ditchline outfall Mooresvtlle Regional Office Location 610 East Center Ave Suite 301 Mooresvdle NC 28115 �11C Phone (704)663 16991 Fax (704)663 60401 Customer Service 1 877 623 6748 Noi�thCarolina Internet http//portal ncdenr orq/web/wq ��u��r�� ?,n Equal Opportundy ��rmatiue A hon Empioyer 50 Recycled 10 Post Consumer paper � Dr Gregory Thorpe � Page Two • 2 The use of nprap above the normal high water mark shall be minimized Any nprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage 3 The post construction removal of any temporary bndge structures must return the pro�ect site to its preconstruction contours and elevations The impact areas shall be revegetated with appropriate native species 4 Strict adherence to the most recent version of NCDOT s Best Management Practices for Bndge Demolition and Removal approved by the U S Army Corps of Engineers is a condition of the 401 Water Quality Certification 5 Bndge deck drains shali not discharge directly into the stream Stormwater shaii be directed across the bndge and pre treated through site appropnate means (grassed swales pre formed scourholes vegetated buffers etc ) before entenng the stream Please refer to the most current version of Stormwater Best Management Pract�ces 6 Bndge piles and bents shail be constructed using dnven piles (hammer or vibratory) or dnlled shaft construction methods More specifically Jetting or other methods of pile dnving are prohibited without pnor written approval from NCDWQ first 7 No dnll siurry or water that has been in contact with uncured concrete shali be allowed to enter surface waters This water shall be captured treated and properly disposed of 8 Ail pile dnving or dnlling activities shall be enclosed in turbidity curtains uniess otherwise approved by NCDWQ in this certification 9 All bndge construction shall be performed from the existing bridge temporary work bndges 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 dragged along the bottom of the surface water 10 Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize sedimentation and reduce the introduction of other pollutants into the stream 11 No rock sand or other matenals shall be dredged from the stream channel except where authonzed by this certification 12 Temporary dewatenng sites must be restored to pre existing conditions unless more natural geomorphic conditions can be provided 13 If concrete is used dunng construction a dry work area should be maintained to prevent direct contact between cunng concrete and stream water Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possibie aquatic life and fish kills 14 All work in or ad�acent to stream waters shall be conducted in a dry work area Approved BMP measures from the most current version of the 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 � Dr Gregory Thorpe ` Page Three 15 The dimension pattern and profile of the stream above and below the crossing shouid not be modified Disturbed fioodplains and streams should be restored to natural geomorphic conditions 16 All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels lubncants hydraulic fluids or other toxic materials 17 All fiil slopes located in�urisdictionai wetlands shali be placed at slopes no flatter than 3 1 unless otherwise authonzed by this certification 18 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or ad�acent to surface waters is prohibited 19 A copy of this Water Quality Certification shall be posted 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 pro�ect manager 20 Native ripanan vegetation must be re established within the construction limits of the pro�ect by the end of the growing season following compietion of construction 21 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable If placement of sediment and erosion control devices in wetiands and waters is unavoidabie they shall be removed and the natural grade restored within 30 days after the Division of Land Resources has released the pro�ect 22 Erosion and sediment control practices must be in full compliance with all speafications governing the proper design installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards a The erosion and sediment control measures for the pro�ect must be designed installed operated and maintained in accordance with the most recent version of the North Caro/ma Sed�ment and Eros�on Control Plannmg and Des�gn 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 Carol�na Sediment and Eros�on Control Manual The devices shali be maintained on ali construction sites borrow sites and waste pile (spoil) pro�ects inciuding contractor owned or leased borrow pits associated with the pro�ect 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 Caro/ma Surface M�n�ng Manual d The reclamation measures and impiementation must comply with the reciamation in accordance with the requirements of the Sedimentation Pollution Control Act 23 The Permittee shali ensure that the final design drawings adhere to the certification and to the drawings submitted for approval 24 The outside buffer wetland or water boundary located within the construction corridor approved by this certification shail be clearly marked by highly visible fencing prior to any land disturbing activities Impacts to areas within the fencing are prohibited unless otherwise authonzed by this certification 25 The Permittee shali report any violations of this certification to the Division of Water Quality within 24 hours of discovery Dr Gregory Thorpe Page Four 26 The North Carolina Department of Transportation (NCDOT) and its contractors and/or agents shail not excavate fiil or perform mechanized land clearing at any time in the construction or maintenance of this pro�ect within waters and/or wetlands except as authonzed by this Certification or any modification to this Certification (e g no work shall occur outside of the footpnnt of the plans provided) In addition there shall be no excavation from or waste disposal into�unsdictional wetlands or waters associated with this Certification without appropnate modification If this occurs compensatory mitigation may be required since it is a direct impact from road construction activities 27 Upon completion of the pro�ect the NCDOT Division Engineer shall complete and return the enclosed Certificate of Completion form to notify DWQ when all work included in the 401 Certification has been completed Please include photographs upstream and downstream of the structure to document correct installation 28 Continuing Compliance NCDOT shall conduct its activities in a manner so as not to contravene any state water quality standard [including any requirements for compliance with section 303(d) of the Clean Water Act] and any other appropnate requirements of state and federal law If DWQ 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 DWQ may reevaluate and modify this certification to include conditions appropnate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H 0507(d) Before codifying the certification DWQ shall notify i NCDOT and the USACE provide public notice in accordance with 15A NCAC 2H 0503 and provide opportunity for public heanng in accordance with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to NCDOT in wnting shall be provided to the USACE for reference in any permit issued pursuant to Section 404 of the Clean Water Act and shail also become conditions of the 404 Permit for the pro�ect If you do not accept any of the conditions of this Certification you may ask for an ad�udicatory hearing You must act within 60 days of the date that you receive this letter To ask for a hearing send a wntten petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 6714 This Certification and its conditions are final and binding unless you ask for a hearing This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act If you have any questions please telephone Poliy Lespinasse in the Mooresville Regional Off�ce at 704 663 1699 Sincerely --��,��,,._..s?__�--�t'__ ' °��`�._..�---'� -�'�---� ' � ________ for Coleen H Sullms Attachments cc Liz Hair USACE Asheville Field Office Sonia Carrillo DWQ Wetlands Unit Michael Turchy NCDOT PDEA Larry Thompson DOT Division 10 File Copy